Kevin Matthew Hall v. Rebecca MacCorkle Hall, 14-12-00655-CV

This is Appellant Kevin Matthew Hall’s motion for an en banc hearing challenging the Fourteenth Court of Appeals’ affirmation of a trial-court ruling in a family/child custody matter.
At a bench trial, after several hours of Petitioner’s (Rebecca Hall’s) testimony, the associate judge took a break, summoned counsel to chambers, and issued a handwritten, off-the-record final ruling.
Respondent (Kevin Hall) was not permitted to cross-examine Petitioner or call any witnesses; counsel says multiple material witnesses were ready but never allowed to testify.
No written mediated-settlement agreement appears in the record; the only testimony about the off-the-record ruling came from Respondent’s attorney at a new-trial hearing, who testified the judge issued a final ruling.
The trial court did not file findings of fact and conclusions of law despite a timely request. Appellant contends the off-the-record proceeding and abrupt ruling deprived him of a full evidentiary hearing.
Appellant asks the court to reverse and remand for a new trial, arguing the court effectively granted summary judgment or otherwise decided the case without permitting Respondent to present evidence and without a record of the chambers conference as required by statute and authority.

Issue	Appellant's Argument	Appellee's Argument	Held
Whether the trial court’s off-the-record chambers ruling that ended the trial mid-case and prevented Respondent from presenting/cross-examining evidence was reversible error	Hall: The judge’s secret, handwritten final ruling during a chambers conference terminated Respondent’s right to present evidence and cross-examine; this violated the right to a full hearing and statutory requirement that hearings be on the record absent a knowing waiver	Appellee: The appellate court treated the event as an "agreement of the parties" (i.e., not a unilateral judicial decision) and affirmed below	Appellant requests en banc reconsideration; appellant argues reversal and remand for new trial (appellate court previously affirmed)

Banda v. Garcia, 955 S.W.2d 270 (Tex. 1997) (unsworn attorney statements are not evidence absent waiver)
Gulbenkian v. Penn, 252 S.W.2d 929 (Tex. 1952) (summary judgment principles and limitations)
Leithold v. Plass, 413 S.W.2d 698 (Tex. 1967) (substance over pleading formalities in child custody disputes)
In the Interest of M.N., 262 S.W.3d 799 (Tex. 2008) (attorney statements not a substitute for sworn testimony)
Kisinger v. Kisinger, 748 S.W.2d 2 (Tex. App.—Houston [14th Dist.] 1987) (off-the-record hearings without waiver can be reversible error)
VanHeerden v. VanHeerden, 321 S.W.3d 869 (Tex. App.—Houston [14th Dist.] 2010) (exclusion of parental evidence in custody dispute is disfavored; appellate reversal warranted)
Taylor v. Taylor, 254 S.W.3d 527 (Tex. App.—Houston [1st Dist.] 2008) (trial decisions that prevent a court from being well-informed about a child’s best interest are reversible)
In re PMB, 2 S.W.3d 618 (Tex. App.—Houston [14th Dist.] 1999) (striking all of a parent’s evidence in custody cases is rarely appropriate)