Opinion
05-23-00796-CV
02-09-2024
IN RE COMMITMENT OF GALE EDWARD MYLES
On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. CV21-70006
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
The reporter's record in this case, which was originally due to be filed by June 7, 2023, has not been filed. After a series of notices and orders, on November 30, 2023, we ordered Ms. Rico to file the record within twenty days and cautioned her that failure to do so might result in an order for a hearing to determine why the record has not been filed.
So that this appeal can proceed, we ORDER the Honorable Ernest White, Presiding Judge, 194th Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Rico present and make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include: (1) the reason the reporter's record has not been timely filed; (2) the date Ms. Rico reasonably expects to file the complete reporter's record including all exhibits; and (3) whether Ms. Rico's notes may be transcribed by another court reporter; and the date by which another court reporter could complete the reporter's record using Ms. Rico's notes including the identity of the court reporter who could do so. Unless Ms. Rico has completed and filed the complete reporter's record with this Court, then the question of when another court reporter could complete Ms. Rico's portion of the reporter's record is not moot.
The Court is aware of the recent personal tragedy suffered by Ms. Rico, and she has the Court's condolences. However, justice requires that this appeal proceed, which cannot occur until the reporter's record is filed. Ms. Rico has been on notice since August 16, 2023, that the reporter's record was overdue. If Ms. Rico believes she cannot perform her duties as the court reporter for this case, then she should communicate that concern to the trial court and the official court reporter and work with them so that a complete reporter's record can be filed without further delay in this appeal.
The trial court shall transmit its findings and any necessary orders to this Court within THIRTY DAYS of the date of this order. The court reporter for the hearing required by this order shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.