C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER OF A BATEMENT

Appellate case name: Patrick Olajide Akinwamide v. Transportation Insurance Company, C N A Insurance Company, and Automatic Data Processing Inc.

Appellate case number: 01

- 1 5

- 0 0 0 66

- 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 T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. § 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 rec ord, and abating for correcting the reporter’s record.

On May 27, 2015, appellant filed a “R equest to S upplement the C lerk’s R ecord ”
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 judgmen t 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 t he 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 T EX

. R. A PP

. P . 34.5(c)(1).

On May 27, 2015, a ppell ant also f iled an opposed “Amended M otion 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,2

appellant request s 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 an d 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 E xhibit A attached to his motion to correct

t he 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. A fter 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 T EX

. R. A PP

. 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, b ecause 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 recor d, th i s 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 T EX

. R. A PP

. 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 reporte r to prepare a supplemental reporter ’s record that conforms to what occurred in the trial court and file the supplemental reporter’s recor d , including any exhibits submitted at that hearing, with the Clerk of this Court. See id. If the trial court determ ines that t he 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,
alon g with any additional findings.

The trial court clerk is directed to file a supplemental cler k’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 hear ing date and notify the parties and the Cle rk
of thi s Court of such date.

This appeal is abated, treated as a closed case, and r emoved from this Court’s

active docket. The appeal will be reinstated on this Court’s active docke t when the3

supplemental clerk’s record and any supplemental reporter’s r ecord s of the show cause hearing and abatement hearing are filed in this Court.

Because the appellate record does not appear to b e fully complete, appellant’s brief is not yet due. See T EX

. R. A PP

. P. 38.6(a). Appellant’s brief will be due no later
than 30 days after th is appeal is reinstated. Accordingly, we dismiss appellant’s “Motion

to Reset Time to File Appella n t ’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: J uly 9, 2015