Opinion
05-22-00040-CV
03-10-2022
IN THE INTEREST OF B.P. AND S.P., CHILDREN
On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-04783
ORDER
KEN MOLBERG, JUSTICE
We REINSTATE this appeal.
By order dated January 31, 2022, we ordered the trial court to conduct a hearing within thirty days on appellant's rule 306a motion and to sign an order that finds the date when appellant or his counsel first either received notice or acquired actual knowledge that the judgment had been signed. See Tex. R. Civ. P. 306a(5); Tex.R.App.P. 4.2(c). On March 9, 2022, a supplemental clerk's record was filed containing "Trial Court's Findings of Fact" signed on March 8. The trial court's findings include a finding that the "Attorneys on behalf of their parties received notice on October 15, 2021 that the Court would be signing the final judgment." It does not appear that the trial court conducted a hearing as ordered by this Court's January 31 order. Moreover, the trial court did not make the specific finding required by this Court as to the date when appellant or his counsel first either received notice or acquired actual knowledge that the judgment had been signed.
In light of the above circumstances, we again ORDER the trial court to conduct a hearing, WITHIN THIRTY DAYS of the date of this order, on appellant's rule 306a motion. See Tex. R. Civ. P. 306(a)(5). We further ORDER the trial court to sign a written order that finds the date when appellant or his counsel first either received notice or acquired actual knowledge that the judgment was signed. See Tex. R. App. P. 4.2(c).
We ORDER LaToya Young-Martinez, Official Court Reporter for the 255th Judicial District Court, to file the reporter's record of the hearing WITHIN FORTY DAYS of the date of this order.
We ORDER Felicia Pitre, Dallas County District Clerk, to file a supplemental clerk's record containing the trial court's order on appellant's rule 306a motion, WITHIN THIRTY-FIVE DAYS of the date of this order.
Appellant's extension motion will be determined after receiving the supplemental clerk's record with the trial court's order.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Kim Cooks, Presiding Judge of the 255th Judicial District Court; Ms. Pitre: Ms. Young-Martinez; and, all parties.
We ABATE this appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated in FORTY DAYS or when the supplemental clerk's record is filed with the requested order from the trial court, whichever occurs sooner.