Opinion
05-22-00768-CV
07-25-2023
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
We REINSTATE this appeal which we previously abated for the trial court to conduct a hearing regarding the filing of the clerk's record. Although we ordered appellant to attend the hearing and the trial court served her with notice of the hearing, appellant did not attend.
A supplemental clerk's record with the trial court's findings has been filed. With regard to the money orders appellant sent to the district clerk's office in amount insufficient to cover the cost of the record, the Honorable Judge Steve M. King found that the clerk's office returned the two money orders to appellant, the money orders were not returned to the clerk's office, and the clerk's office had no further communication from appellant suggesting that the money orders were not received or had been lost. Regarding the designation of the clerk's record, the trial court found that appellant made no designation for any specific documents for inclusion in the clerk's record, the clerk's office sent appellant a letter on August 30, 2022 with copies of the case summaries for the cases referenced by appellant so she could specify the documents she wanted included but the letter was returned to the clerk's office as was a second letter sent on September 16, 2022, and appellant never made any designation of specific documents to be included in the clerk's record.
Before the Court is appellant's July 13, 2023 motion to set aside the trial court's findings and motion to abate the appeal pending motions to recuse Judge King. Based on the June 27, 2022 order at page 33 of appellant's motion, the motion to recuse Judge King has been finally determined. In the motion, appellant also denies receiving any letters from the district clerk's office nor the money orders. Because appellant failed to appear at the hearing as ordered, we DENY her motion and ADOPT the trial court's findings.