Opinion
05-22-00768-CV
04-13-2023
IN THE GUARDIANSHIP OF RICHARD W. THOMPSON, JR., AN ALLEGED INCAPACITATED PERSON
On Appeal from the Collin County Probate Court Collin County, Texas Trial Court Cause No. GA1-0261-2018
ORDER
ROBERT D. BURNS, III. CHIEF JUSTICE
This Court is ordering the trial court to conduct a hearing regarding the filing of the clerk's record. By way of background, the clerk's record was first due July 3, 2022. On August 10th, in response to our past-due notice, the Collin County Clerk's Office filed with the Court a copy of the letter to appellant informing her of the $1,144 cost for the record. Subsequently, we granted the Clerk's Office and appellant an extension of time to file the record. In correspondence dated September 19th, appellant stated she would pay the clerk's fee, once the Clerk's Office provided her with an itemized list of the documents included and associated with the cost for the record. On October 6th, appellant filed a motion to transfer this appeal to a different court of appeals. By order dated October 10th, we abated this appeal pending resolution of appellant's motion to transfer by the Texas Supreme Court. The Supreme Court denied appellant's motion. On December 12th, we reinstated the appeal and extended the deadline for the clerk's record to January 3rd. On January 4th, appellant filed written verification that she provided two money orders totaling $1,144 to the Clerk's Office. With written verification of payment, we ordered Collin County Clerk Stacey Kemp to file the record by February 6th. The Clerk's Office filed a letter on February 3rd acknowledging receipt of the two money orders by appellant. The letter stated, however, that the cost was now $3,158 because appellant had requested inclusion of additional documents since the initial quote. In response, by order dated March 9th, we ordered Ms. Kemp to file, on or before March 20th, the clerk's record as designated when it assessed the initial cost of $1,144. Rather than comply, the Clerk's Office filed a letter informing this Court for the first time that the Clerk's Office had returned the two money orders to appellant because it was insufficient to cover the current cost for the clerk's record. We then ordered appellant to provide written verification, on or before April 10, 2023, that she has paid the $3,158 cost for the clerk's record and cautioned her that failure to comply may result in dismissal of the appeal for want of prosecution without further notice. See Tex. R. App. P. 38.8(a)(1). Appellant did not comply.
Before the Court is appellant's April 12, 2023 motion to set aside this Court's March 23rd order. In the motion, appellant asserts, among other things, that the clerk's office did not return the two money orders to her. We DENY the motion. On the Court's own motion, we ORDER the trial court to conduct a hearing, WITHIN TWENTY DAYS of the date of this order, and make written findings as to whether: (1) the clerk's office returned the two money orders to appellant; (2) the clerk's office has proof that it returned the two money orders to appellant and, if so, the nature of that proof; (3) the documents to be included in the clerk's record for the initial $1,144 cost provided to appellant by the clerk's office; and (4) appellant has requested in writing inclusion of additional documents from those initially requested.
We ORDER Stacey Kemp, Collin County Clerk; Erin Johnson, Probate/Mental Administrator; and all parties attend the hearing. We further ORDER that the hearing be stenographically reported by a court reporter.
We ORDER a supplemental clerk's record with the trial court's written findings be filed WITHIN TWENTY-FIVE DAYS of the date of this order. We ORDER the reporter's record from the hearing be filed WITHIN THIRTY DAYS of the date of this order.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Weldon Copeland, Jr., Presiding Judge of Collin County Probate Court; Ms. Kemp; Ms. Johnson; and, all parties.
We ABATE this appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than thirty-five days from the date of this order.