John R. Rizzuti III v. Dillan Smith

• Court: Court of Appeals of Texas
• Decided: December 3, 2015
• Docket: 09-14-00323-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00323-CV ____________________

JOHN R. RIZZUTI III, Appellant

V.

DILLAN SMITH, Appellee _______________________________________________________ ______________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 13-02-01311 CV ________________________________________________________ _____________

ORDER

The appellant, John R. Rizzuti III, filed an unopposed motion to abate the

appeal and to remand the case to the trial court because a dispute has arisen

concerning why certain exhibits were not included in the reporter’s record. See

Tex. R. App. P. 34.6(e)(2).

It is, therefore, ORDERED that the appeal is abated and the case is

remanded to the trial court for a hearing to settle the dispute regarding the accuracy

of the reporter’s record of Plaintiff’s Exhibits Nos. 11, 14, 15, 17, 19, 21, 23, 24,

1 26, 29 through 32, 35, 38, 45, 46 and 47. See Tex. R. App. P. 34.6(e)(3). If an

exhibit is lost or destroyed, the trial court may determine whether the exhibit may

be replaced with a copy determined by the trial court to accurately duplicate with

reasonable certainty the original exhibit. See Tex. R. App. P. 35.6(f)(4). A

supplemental clerk’s record, which shall include any orders and findings by the

trial court, shall be filed with the Court of Appeals by January 4, 2016. The

supplemental reporter’s record, which shall include any hearings conducted by the

trial court pursuant to this order and any exhibits the trial court orders the court

reporter to certify, shall be filed with the Court of Appeals by January 4, 2016. All

appellate timetables are suspended while the case is before the trial court.

ORDER ENTERED December 3, 2015.

PER CURIAM

Before Kreger, Horton, and Johnson, JJ.