1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00001-CV

__________________

IN THE INTEREST OF B.C.C.

__________________________________________________________________

On Appeal from the 317th District Court

Jefferson County, Texas

Trial Cause No. C-224,292-C

__________________________________________________________________

ORDER

On October 16, 2020, the trial court signed an appealable order in Trial Cause 

Number C-224,292-C. Daniel Campise filed a notice of appeal and a request for a 

reporter’s record that included a hearing held on September 28, 2020, and all exhibits 

that were admitted in the hearing. The court reporter filed a reporter’s record of the 

September 28, 2020 hearing, but failed to include any of the exhibits that the trial 

court admitted in the hearing. On June 1, 2021, the court reporter notified the Court 

that she did not prepare an exhibit volume, because no exhibits were efiled by the 

attorneys. 
2

Appellant complains that the reporter’s record is inaccurate and incomplete 

because the exhibits that were admitted during the proceeding have been omitted 

from the reporter’s record. He argues that he is entitled to a new trial because 

Respondent’s Exhibit Numbers 2, 3, 9, 10, 11, 12, and 13, and Petitioner’s Exhibit 

Number 7 were admitted in the September 28, 2020 hearing, that the exhibits are 

necessary to the resolution of the appeal, that the exhibits are lost or are missing and 

that the parties cannot agree whether or how the record can be completed with 

reasonable certainty. The appellee, Karley Goetschius, informed the Court that the 

parties emailed their exhibits to the trial court before the trial, that the trial court had 

possession of Respondent’s Exhibits Numbers 2, 3, 7, 9, 10 and 12 and admitted 

those exhibits during the hearing on September 28, 2020.

The parties agree the record is inaccurate, but the parties cannot agree on 

whether or how to correct the reporter’s record so that the text accurately discloses 

what occurred in the trial court and the exhibits are accurate. See Tex. R. App. P. 

34.6(e)(2). Accordingly, we abate the appeal and remand the case to the trial court 

for a hearing to resolve the dispute. We direct the trial court to determine which 

exhibits were admitted in the hearing, whether the exhibits that were admitted in the 

hearing can be replaced by agreement, or by copies determined by the trial court to 

accurately duplicate with reasonable certainty the original exhibits. See Tex. R. App. 

P. 34.6(f)(4). The trial court’s findings shall be made in open court or reduced to 
3

writing and included in a supplemental record. If the trial court determines that the 

exhibits can be located or duplicated, the court reporter shall prepare an exhibit 

volume and file it with the Court of Appeals. The supplemental record is due August 

6, 2021.

The appeal will be reinstated without further order of this Court when the 

supplemental record here ordered has been filed with the appellate court. The brief 

of the appellant is due thirty days after the supplemental record is filed.

ORDER ENTERED July 7, 2021.

PER CURIAM

Before Golemon, C.J., Kreger and Horton, JJ.