Abatement Order filed January 10, 2017 

In The

Fourteenth Court of Appeals

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NO. 14-16-01011-CV

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IN THE INTEREST OF B.H., B.H., B.H., B.D.M.H., CHILDREN

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause No. 2013-06150J

ABATEMENT ORDER

This is an accelerated appeal from a judgment in a suit in which the 

termination of the parent-child relationship is at issue (“parental termination case”). 

The notice of appeal was filed December 20, 2016. Appeals in parental termination 

cases are to be brought to final disposition within 180 days of the date the notice of 

appeal is filed. See Tex. R. Jud. Admin. 6.2(a) (effective May 1, 2012). The trial 

and appellate courts are jointly responsible for ensuring that the appellate record is 

timely filed. See Tex. R. App. P. 35.3(c).

The court reporter has notified this court that she is unable to produce the 

reporter’s record because the electronic file has been corrupted. Rule 34.6(f) of the 
Texas Rules of Appellate Procedure provides that an appellant is entitled to a new 

trial under the following circumstances:

(1) if the appellant timely requested a reporter’s record;

(2) if, without the appellant’s fault, a significant exhibit or a 

significant portion of the court reporter’s notes and records has 

been lost or destroyed or—if the proceedings were electronically 

recorded—a significant portion of the recording has been lost or

destroyed or is inaudible;

(3) if the lost, destroyed, or inaudible portion of the reporter’s 

record, or the lost or destroyed exhibit, is necessary to the 

appeal’s resolution; and

(4) if the lost, destroyed or inaudible portion of the reporter’s record 

cannot be replaced by agreement of the parties, or the lost or 

destroyed exhibit cannot be replaced either by agreement of the 

parties or with a copy determined by the trial court to accurately 

duplicate with reasonable certainty the original exhibit.

Tex. R. App. P. 34.6(f).

Accordingly, the trial court is directed to conduct a hearing to determine the 

following: (1) whether appellant timely requested a reporter’s record; (2) whether, 

without the appellant’s fault, significant portions of the record have been lost or 

destroyed or—if the proceedings were electronically recorded—a significant portion 

of the recording has been lost or destroyed or is inaudible; (3) whether the lost or 

destroyed portions of the record are necessary to appellant’s appeal; and (4) whether 

the parties can agree on replacement of the portions of the record. The court is 

directed to reduce its findings to writing and to have a supplemental clerk’s record 

containing those findings filed with the clerk of this court, together with a reporter’s 

record from the hearing, by January 24, 2017. 

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