Order filed June 5, 2012 

In The

Fourteenth Court of Appeals

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NO. 14-12-00129-CV

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IN THE MATTER OF Z.Q., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 315th District Court

Harris County, Texas

Trial Court Cause No. 86707

ABATEMENT ORDER

This is an appeal from the denial of appellant’s application for writ of habeas 

corpus related to the final order finding that appellant had engaged in delinquent conduct 

while a juvenile. The clerk’s record was filed March 2, 2012. Appellant, who is pro se, 

requested that a supplemental clerk’s record be filed containing his Amended Original 

Petition for Writ of Habeas Corpus, with Exhibits A — E. On May 16, 2012, Darla 

Turner, a Deputy Clerk with the Harris County District Clerk’s office notified appellant 

that “This document cannot be located in the Court’s file, and we have no indication of 

the filing.” 
On May 29, 2012, appellant provided this court with a copy of the requested filing 

that bears a file stamp dated October 18, 2011. He requests that we make the requested 

document part of the official record in this case. A copy of appellant’s correspondence 

with attachments is attached hereto. 

Rule 34.5(e) of the Texas Rules of Appellate Procedure provides: 

If a filing designated for inclusion in the clerk’s record has been lost or 

destroyed, the parties may, by written stipulation, deliver a copy of that item 

to the trial court clerk for inclusion in the clerk’s record or a supplement. If the 

parties cannot agree, the trial court must — on any party’s motion or at the 

appellate court’s request — determine what constitutes an accurate copy of the 

missing item and order it to be included in the clerk's record or a supplement.

Accordingly, the appeal is ABATED and the cause REMANDED to the trial 

court so that the court may conduct a hearing at which appellant, and counsel for the 

State are present, either in person or by videoteleconference, to determine whether the 

parties can agree on what constitutes an accurate copy of the missing item, and order it to 

be included in a supplemental clerk’s record. If the parties cannot agree, the trial court 

must determine what constitutes an accurate copy of the missing item and order it to be 

included in a supplemental clerk’s record. The court is directed to (1) see that a record of 

the hearing is made; (2) reduce its findings to writing; (3) order that a transcribed record 

of the hearing or recording of the video teleconference be furnished to this court; and (4) 

order a supplemental clerk’s record containing the court’s findings be filed with the clerk 

of this court, together with an accurate copy of the missing item. These records shall be 

filed with the clerk of this court on or before July 6, 2012.

The appeal is abated, treated as a closed case, and removed from this court’s active 

docket. The appeal will be reinstated on this court’s active docket when the trial court’s 

findings and recommendations are filed in this court. The court will also consider an 

appropriate motion to reinstate the appeal filed by either party, or the Court may reinstate 

the appeal on its own motion. It is the responsibility of any party seeking reinstatement 
to request a hearing date from the trial court and to schedule a hearing in compliance with 

this court’s order. If the parties do not request a hearing, the court coordinator of the trial 

court shall set a hearing date and notify the parties of such date.

PER CURIAM