Opinion
05-22-01341-CV
06-07-2023
SCOTT KEMP FAUSETT, Appellant v. KERRY JON WARREN, Appellee
On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-00632
ORDER
BILL PEDERSEN, III JUSTICE
We REINSTATE this appeal which we abated to allow the trial court an opportunity to conduct a hearing to determine whether the record of the requested underlying proceedings could be properly and fully transcribed. Our June 5, 2023 abatement order granted appellant's motion seeking abatement due to numerous omissions and errors in the reporter's record filed May 4, 2023 by court reporter LaToya Young, the trial court's official reporter.
Although under our abatement order the trial court is to appoint a deputy reporter who can prepare and file, by July 7, 2023, the record-to the extent it can be properly and fully transcribed, Ms. Young filed a two-volume reporter's record hours after our abatement order issued. However, the record-volume one of which is the transcription of the trial proceedings held September 13, 2022, and volume two of which is the exhibits admitted at trial on September 13-is still deficient. For example, as recited in appellant's motion to abate, the parties agree that six witnesses testified at trial; the index of volume one lists only four witnesses. Additionally, the record does not include the transcription of a proceeding held May 21, 2022 or of the day the case was called to trial, September 12, 2022. And, the record does not comply with the requirements of the Uniform Format Manual for Texas Reporters' Records.
Accordingly, we STRIKE the record filed June 5, 2023. Our abatement order REMAINS IN EFFECT.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Vonda Bailey, Presiding Judge of the 255th Judicial District Court; Dallas County District Clerk Felicia Pitre; Ms. Young; and the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than July 10, 2023.