Opinion
No. 05-20-00179-CV
07-31-2020
IN THE INTEREST OF A.P.N., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-18-05082
ORDER
This appeal has been at a standstill for over three months because of an incomplete reporter's record. As a result, court reporter LaToya Young has been under an order that she not sit as a reporter since June 23, 2020.
On June 30, 2020, Ms. Young filed a four-volume record of the missing trial court proceeding. The record, however, failed to include two exhibits, Petitioner's Exhibit 2 and Petitioner's Exhibit 67.
On July 6, 2020, in response to an order from the Court regarding those exhibits, Ms. Young informed the Court that she would be "upload[ing] the contents" of exhibit 2 and was awaiting to hear from petitioner's (appellee's) counsel concerning exhibit 67. After a week passed without the filing of exhibit 2 and any further communication from Ms. Young as to exhibit 67, we ordered Ms. Young to file a supplemental reporter's record containing a copy of exhibit 2 no later than July 17, 2020 and left for the parties to raise by motion any concerns they might have with respect to exhibit 67. See TEX. R. APP. P. 34.6. We also ordered appellant's opening brief be filed within thirty days of the filing of exhibit 2, subject to any motion concerning exhibit 67.
On July 20, 2020, Ms. Young informed the Court she would be filing both exhibits. Two days later, she filed exhibit 67. Exhibit 2, which she had stated on July 6th that she would be uploading, has not yet been filed.
If the parties have any concerns as to exhibit 2, they have not informed the Court. Accordingly, we VACATE that portion of our June 23rd order directing Ms. Young to not sit as a reporter and ORDER appellant to file his opening brief no later than August 31, 2020.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Andrea D. Plumlee, Presiding Judge of the 330th Judicial District Court; Francheska Duffey, Official Court Reporter for the 330th Judicial District Court; Ms. Young; the Dallas County Auditor; and, the parties.
/s/ ERIN A. NOWELL
JUSTICE