Opinion
07-24-00032-CV
03-22-2024
TEXAS DEPARTMENT OF TRANSPORTATION, APPELLANT v. RUSSELL SMITHSON, APPELLEE
On Appeal from the 96th District Court Tarrant County, Texas Trial Court No. 096-311120-19, Honorable J. Patrick Gallagher, Presiding
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
ORDER
PER CURIAM
We previously remanded this cause to the trial court to resolve "[Appellant] Texas Department of Transportation's Unopposed Motion to Require Reporter's Record." A supplemental clerk's record was filed with this Court on March 7, 2024. Documents contained therein indicate that the trial court 1) held a hearing on the motion on February 29, 2024, 2) appointed Ms. Carolyn S. Grant, CSR, as deputy court reporter to memorialize the proceeding, and 3) denied the motion. A transcription of the hearing did not accompany the supplemental clerk's record. Correspondence from the Department of Transportation indicates that the Department contests the trial court's decision. Now deeming the appropriate procedure to be that utilized when a purportedly indigent appellant objects to a trial court's ruling denying him a free record, we find that the transcription of the February 29th hearing is needed to resolve the controversy. To that end, the abated proceeding is now reinstated.
Furthermore, we order Carolyn S. Grant, CSR, to 1) transcribe the February 29, 2024 hearing held by the Honorable J. Patrick Gallagher in cause number 096-31112019, Tarrant County and 2) file the transcription of the complete hearing with the Clerk of this Court on or before 5:00 p.m., April 12, 2024. Thereafter, the Department of Transportation shall file a written brief substantively explaining its issues with and objections to the trial court's denial of its motion. Said brief shall be no longer than twenty double-spaced pages and contain citation to the record and applicable legal authority. Said brief shall be filed with the Clerk of this Court on or before 5:00 p.m., May 3, 2024. Any other party, or court reporter charged with transcribing a trial or hearings in this cause, may file a written response to the Department's brief with the Clerk of this Court on or before 5:00 p.m., May 24, 2024. Said response, if any, shall comport with the limitations applying to the Department's brief.
The Department of Transportation is required to pay for or arrange for the payment of the transcription filed by Carolyn S. Grant, CSR in accordance with applicable statutes and rules of appellate procedure. However, Carolyn S. Grant must file the transcription with this Court as directed above irrespective of whether the Department tenders payment or arranges for same by the transcript's due date.
This appeal will be held in abeyance and appellate deadlines are suspended until further order of this Court.