## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 18

- 00051

- CV

JERRY LAZA , Appellant

V. CITY OF PALESTINE, TEXAS , Appellee

On Appeal from the 349th District Court Anderson County, Texas Trial Court No. DCCV16

- 356

- 349

Before Morriss, C.J., Burgess and Stevens, JJ.2 O R D E R Pending before this C ourt is Appellant Jerry Laza’s fourth motion for an extension of the appellate briefing deadline in this matter. In his motion, Laza contends that there is a crucial exhibit missing from the reporter’s record. Laza maintains that he, through counsel, has attempted to resolve this issue with the court reporter, to no avail. Since Laza has raised issues regarding the accuracy of the record after it has been filed in this Court , we will submit this dispute to the trial court for resoluti on under Rule 34.6 , subsections (e) and (f) , of the Texas Rules of Appellate Procedure. See T EX
. R. A PP
. P . 34.6(e), (f). We hereby abate this matter to the trial court to conduct an evidentiar y hearing pursuant to Rule 34.6 , subsections (e) and (f), for the purposes of (1) determining whether all portions of the record to which the parties are entitled have been provided to them and filed with this Court and (2) identifying and correcting, if p ossible, any inaccuracies or deficiencies in the reporter’s

r ecord. We instruct the trial court to conduct an evidentiary hearing within fifteen days of the date of this order and to enter findings regarding the following:
1. Precisely what portions of t he record Laza (or any other party) claims are missing and/or what parts of the record Laza (or any other party) claims are inaccurate.
2. For each error or omission identified in response to number 1 above, whether the issue can be resolved by agre emen t a s contemplated by Rule 34.6(e)(1) of the Texas Rules of Appel late Procedure

.3

3. If such error or omission can be corrected by agreement, then the trial court is instructed to take steps to ensure that the record is corrected in accordance with the p arti es’ agreement

. 4. If such error or omission cannot be corrected by agreement, then the trial court is instructed to take the steps outlined in Rule 34.6(e)(2) of the Texas Rules of Appellate Procedure to resolve the dispute and correct the record

. 5. F or e ach error or omission identified in response to number 1 above, whe ther any missing exhibit or portion of the record has been lost or destroyed as contemplated by Rule 34.6(f) of the Texas Rules of Appellate Procedure

. 6. For each exhibit or portion of the recor d that is determined to be lost or destroyed, if any, the tri al court is instructed to take evidence on and enter findings regarding each of the four factors set out in Rule 34.6(f) of the Texas Rules of Appellate Procedure and to enter

recomm endatio ns reg arding whether the appellant is entitled to a new trial as a result of the lost or destroyed exhibit or portion of the record.
7. We also request that the trial court make any additional findings that it believes will be helpful to this Court in full y and finally resolving all issues related to the record in this

ma tter. The trial court’s findings, as set forth above, shall be entered into the record of the case
and filed with this Court as a supplemental clerk’s record within ten days of the date of the
h earing. The reporter’s record of the hearing , and any certif ied corrections to the reporter’s4

record under Rule 34.6(e)(2), shall be filed in the form of a supplemental reporter’s record within
ten da ys of the date of the hearing. All appell ate tim etable s are stayed and will resume on our receipt of the supplemen tal record. We withdraw Laza’s current briefing deadline and will establish a new briefing schedule once the case is returned to our jurisdiction from abatement.
IT IS SO ORDERED.

BY THE COURT
Date: February 2 , 2021