                                       In The

                                 Court of Appeals
                    Ninth District of Texas at Beaumont
                              ____________________
                                NO. 09-14-00323-CV
                              ____________________

                        JOHN R. RIZZUTI III, Appellant

                                         V.

                              DILLAN SMITH, Appellee
_______________________________________________________             ______________

                    On Appeal from the 410th District Court
                         Montgomery County, Texas
                       Trial Cause No. 13-02-01311 CV
________________________________________________________             _____________

                                      ORDER

      The appellant, John R. Rizzuti III, filed an unopposed motion to abate the

appeal and to remand the case to the trial court because a dispute has arisen

concerning why certain exhibits were not included in the reporter’s record. See

Tex. R. App. P. 34.6(e)(2).

       It is, therefore, ORDERED that the appeal is abated and the case is

remanded to the trial court for a hearing to settle the dispute regarding the accuracy

of the reporter’s record of Plaintiff’s Exhibits Nos. 11, 14, 15, 17, 19, 21, 23, 24,

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26, 29 through 32, 35, 38, 45, 46 and 47. See Tex. R. App. P. 34.6(e)(3). If an

exhibit is lost or destroyed, the trial court may determine whether the exhibit may

be replaced with a copy determined by the trial court to accurately duplicate with

reasonable certainty the original exhibit. See Tex. R. App. P. 35.6(f)(4). A

supplemental clerk’s record, which shall include any orders and findings by the

trial court, shall be filed with the Court of Appeals by January 4, 2016. The

supplemental reporter’s record, which shall include any hearings conducted by the

trial court pursuant to this order and any exhibits the trial court orders the court

reporter to certify, shall be filed with the Court of Appeals by January 4, 2016. All

appellate timetables are suspended while the case is before the trial court.

      ORDER ENTERED December 3, 2015.

                                                          PER CURIAM

Before Kreger, Horton, and Johnson, JJ.




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