Background
Patricia Faith Dickinson appealed a final judgment from Williamson County Court at Law No. 3 in a suit affecting the parent-child relationship. Before the appellate court could address the merits, Dickinson filed a verified motion to supplement the record, asserting that the appellate record was incomplete and potentially misleading.
Dickinson represented to the court that she had made repeated good-faith efforts to secure inclusion of additional materials in both the clerk’s and reporter’s records. These efforts included direct communication with trial court staff and the filing of motions. Despite these attempts, Dickinson was unsuccessful in obtaining the supplemental materials, which she characterized as vital to the appeal.
The Court’s Holding
Rather than proceeding to decide the appeal on its merits, the Texas Court of Appeals abated the proceeding and remanded the matter to the trial court for resolution of the record dispute. The court applied Texas Rule of Appellate Procedure 34.6(e)(3), which provides that when a dispute over the reporter’s record arises after filing in the appellate court, the appellate court may submit the dispute to the trial court for resolution.
The trial court was directed to determine: (1) whether the appellate record is incomplete and/or misleading; (2) whether the supplemental records Dickinson seeks exist and are relevant to the appeal; and (3) whether Dickinson is entitled to supplement the record with the materials she seeks. The trial court must file a supplemental reporter’s or clerk’s record containing its determination by July 30, 2026, after which the appellate review will be reinstated.
Key Takeaways
- Appellate courts may abate review to allow trial courts to resolve disputes about record completeness under Tex. R. App. P. 34.6(e)(3).
- A party seeking to supplement the appellate record must demonstrate good-faith efforts to include materials and that the materials are vital to the appeal.
- Procedural defects in the record may delay appellate review pending trial court resolution rather than resulting in dismissal.
Why It Matters
This order underscores the importance of proper record preparation at the trial level and the appellate courts’ commitment to ensuring complete records for meaningful review. While the opinion does not address the underlying family law matter, it illustrates the procedural mechanisms available when parties claim the record is incomplete or misleading—a common issue that can significantly impact appellate litigation.
The decision also demonstrates that trial courts retain a gatekeeping role even after appeal, deciding what materials properly belong in the appellate record and whether supplementation is warranted based on relevance and the moving party’s diligence.