COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Patrick Olajide Akinwamide v. Transportation Insurance 

Company, CNA Insurance Company, and Automatic Data 

Processing Inc.

Appellate case number: 01-15-00066-CV

Trial court case number: 1997-48526

Trial court: 80th Judicial District Court of Harris County

On November 25, 2014, appellant, Patrick Olajide Akinwamide, proceeding pro 

se, had filed a notice of appeal in the trial court intending to appeal from both the October 

3, 2014 order denying his motion to set aside the final judgment, and the November 4, 

2014 pre-filing order which declared appellant a vexatious litigant and imposed 

sanctions. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.101(a) (West Supp. 2014). On 

May 14, 2015, this Court’s Order on Motions resolved several of appellant’s pending 

motions regarding the scope of his notice of appeal, supplementing the clerk’s record, 

and abating for correcting the reporter’s record.

On May 27, 2015, appellant filed a “Request to Supplement the Clerk’s Record”

to attach Exhibits A-K to the appellant-plaintiff’s motion to set aside the final judgment, 

filed in the trial court on August 6, 2014, that he claimed were not attached to the clerk’s 

record filed in this Court on January 20, 2015. After a review of the clerk’s record, it 

appears that Exhibits A-K were not attached to the appellant’s motion to set aside the 

final judgment filed with this Court. Accordingly, appellant’s request to supplement the 

clerk’s record is GRANTED and we ORDER the trial court clerk to prepare, certify, and 

file a supplemental clerk’s record containing the complete “Plaintiff’s Motion to Set 

Aside the Final Judgment,” including all Exhibits A-K, filed in the trial court on August 

6, 2014, in trial court cause number 1997-48526, within 10 days of the date of this order. 

See TEX. R. APP. P. 34.5(c)(1).

On May 27, 2015, appellant also filed an opposed “Amended Motion to the Court 

to Submit the Dispute Over Inaccuracy of the Court Reporter’s Record Filed on March 

26, 2015 to the Trial court For Resolution [Under] TRAP 34.6(E)(3).” Specifically, 
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appellant requests that this Court refer this case to the trial court to resolve a dispute 

between the parties regarding the accuracy of the show cause hearing, held on October 

24, 2014, because he claims that it was not a correct or full transcription of the 

proceedings and exhibits offered in evidence since it did not contain: (1) the swearing 

under oath of the attorney and appellant; (2) the testimony and arguments of the parties; 

(3) the exhibits offered in evidence, such as Exhibit A attached to his motion to correct 

the omission of the appellee; (4) any objections; and (5) the remarks made by the judge 

with regard to the admissibility of testimony and arguments. Under Rule 34.6(e)(3), if 

the parties cannot agree over the accuracy of the reporter’s record after it has been filed in 

the appellate court, as here, this Court may submit the dispute to the trial court for 

resolution. After a review of the reporter’s record of the show cause hearing, held on 

October 24, 2014, because it appears that there was no testimony or argument by either 

party, no indication that any exhibits were offered or admitted, and no exhibits were 

attached, this motion is GRANTED. See TEX. R. APP. P. 34.6(e)(3).

On June 12, 2015, appellant similarly filed a motion to abate this appeal to allow 

the trial court to settle the dispute over the show cause hearing reporter’s record and for 

the trial clerk to file the supplemental clerk’s record containing appellant’s motion to set 

aside the final judgment including all Exhibits A-K. As noted above, because this Court 

is granting appellant’s request to supplement the clerk’s record, and because it appears 

that there may be a dispute as to the accuracy of the show cause hearing reporter’s record, 

both of which appear to be necessary for a complete record, this motion is GRANTED.

The appeal is abated and remanded to the trial court to settle the parties’ dispute 

regarding the accuracy of the reporter’s record. See TEX. R. APP. P. 34.6(e)(2) (providing 

for trial court to settle dispute about accuracy of appellate record after notice and 

hearing). If the trial court determines, after notice and a hearing, that the reporter’s 

record filed with this Court is inaccurate, the trial court shall direct the court reporter to 

prepare a supplemental reporter’s record that conforms to what occurred in the trial court 

and file the supplemental reporter’s record, including any exhibits submitted at that 

hearing, with the Clerk of this Court. See id. If the trial court determines that the 

reporter’s record of the show cause hearing, held on October 24, 2014, filed with this 

Court is accurate, the trial court should sign a written order reflecting that determination, 

along with any additional findings.

The trial court clerk is directed to file a supplemental clerk’s record containing the 

trial court’s order and findings with the Clerk of this Court within 30 days of the date of 

this order. The court reporter is directed to file a supplemental reporter’s record of the 

show cause hearing, held on October 24, 2014, if any corrections are needed, and of the 

abatement hearing, if any is held, within 30 days of the date of this order. The court 

coordinator of the trial court shall set a hearing date and notify the parties and the Clerk 

of this Court of such date.

This 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 
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supplemental clerk’s record and any supplemental reporter’s records of the show cause 

hearing and abatement hearing are filed in this Court.

Because the appellate record does not appear to be fully complete, appellant’s 

brief is not yet due. See TEX. R. APP. P. 38.6(a). Appellant’s brief will be due no later 

than 30 days after this appeal is reinstated. Accordingly, we dismiss appellant’s “Motion 

to Reset Time to File Appellant’s Brief,” filed on June 12, 2015, as moot.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

  Acting individually  Acting for the Court

Date: July 9, 2015