COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: In the Interest of A.M.H-F., A.L.F., A.C.J.H-M, A.P.J.H.-M 

aka A.C.H.-M., children v. Department of Family and 

Protective Services

Appellate case numbers: 01-19-00748-CV

Trial court case number: 2017-65076

Trial court: 310th District Court of Harris County

On October 24, 2019, appellant filed a motion for extension of time to file a brief, 

stating, among other things, that the reporter’s record was not complete. Specifically, 

appellant states that “the record from April 2, 2019, April 9, 2019 and the record of October 

1, 2019 hearing are also missing.” 

Because this is a termination case, the Court is required to bring this appeal to final 

disposition within 180 days of the date of the notice of appeal was filed so far as reasonably

possible. See TEX. R. JUD. ADMIN. 6.2, reprinted in TEX. GOV’T CODE ANN., tit. 2, subtit. 

F app. Based on appellant’s contentions, it appears that there may be an inaccuracy in the 

reporter’s record or that a portion of the reporter’s record may have been lost or destroyed. 

See TEX. R. APP. P. 34.6(e)(2), (3), (f). Accordingly, we abate the appeal and remand for 

the trial court to immediately conduct a hearing at which a representative of the Department 

of Family and Protective Services, appellant’s counsel, Pamela Williams, and the court 

reporter, Angelia Singleton, shall be present. 

The trial court is directed to:

(1) Determine whether the reporter’s record, filed with this Court on October 

3, 2019, is complete;

(2) Determine whether any other testimony, argument, or proceedings from 

the trial of this cause have been omitted from the reporter’s record on file 

with this Court;
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(3) If other testimony, argument, or proceedings from the trial of this cause 

have been omitted from the reporter’s record on file with this Court, 

determine whether the testimony, argument, or proceedings was or were 

stenographically or otherwise recorded and whether the court reporter is 

able to prepare, certify, and file a transcription of the testimony, 

argument, or proceedings;

(4) If any portion of the trial proceedings has been omitted from the 

reporter’s record on file with this Court but can be prepared, certified, 

and filed by the court reporter, order the court reporter to prepare, certify 

and file a supplemental reporter’s record containing the missing portions 

of the trial proceedings, and provide a deadline for filing the 

supplemental record of no later than 30 days from the date of the 

abatement hearing in the trial court;

(5) If any portion of the trial proceedings has been omitted from the 

reporter’s record on file with this Court and cannot be prepared, certified, 

and filed in a supplemental reporter’s record, determine:

a. Whether the lost or destroyed portion of the reporter’s record is 

necessary to the appeal’s resolution; and

b. Whether the lost or destroyed portion of the reporter’s record can 

be replaced by agreement of the parties;

(6) make any other findings and recommendations the trial court deems 

appropriate; and

(7) enter written findings of fact, conclusions of law, and recommendations 

as to these issues, separate and apart from any docket sheet notations.

See TEX. GOV’T CODE ANN. § 52.046; TEX. R. APP. P. 13.1(a), 34.6(a)(1)(2), (d), (e)(2), 

(3), (f), 35.3(b), (c).

The trial court shall have a court reporter record the hearing and file the reporter’s 

record with this Court within 25 days of the date of this order. The trial court clerk is 

directed to file a supplemental clerk’s record containing the trial court’s findings and 

recommendations with this Court within 25 days of the date of this order. 

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 supplemental 

clerk’s record and the reporter’s record of the hearing are filed in this Court. The court 
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coordinator of the trial court shall set a hearing date and notify the parties and the Clerk of 

this Court of such date.

It is so ORDERED.

Judge’s signature: /s/ Sherry Radack

 Acting individually Acting for the Court

Date: ___October 29, 2019___