Opinion
No. 08-17-00120-CV
08-08-2017
JAMES TIDWELL, Appellant, v. BIANCA NICOLE TIDWELL, Appellee.
Appeal from the 383 District Court of El Paso County, Texas (TC# 2014DCM0671)
ORDER
The reporter's record in the above styled and numbered cause was originally due to be filed on June 1, 2017. In his written request, Appellant asked the court reporter(s) to prepare and filed the reporter's record for (1) the "Agreed Final Divorce" hearing, which occurred on May 19, 2014, and (2) the "Final Hearing," which occurred on September 25, 2015, before the Honorable Guadalupe Rivera. Erika Wright, the official court reporter for the 210th District Court, filed the reporter's record for the May 19, 2014 hearing, but she informed the Court that the September 25, 2015 final hearing was transcribed by Lisa DeMello. We extended the deadline for the remaining portion of the record to July 31, 2017. The record has not been filed, and Ms. DeMello has not filed an extension request. The Clerk of the Court emailed Ms. DeMello on August 3, 2017 regarding the past-due record. Ms. DeMello has not filed an extension request or otherwise indicate when she will be able to file the reporter's record.
It is therefore ORDERED that the trial court conduct a hearing to determine why Ms. DeMello has not filed her portion of the reporter's record and whether the reporter's record has been lost or destroyed, such that Appellant might be entitled to a new trial pursuant to TEX.R.APP.P. 34.6(f). The hearing should be conducted within thirty days if possible. A court reporter shall attend and transcribe the hearing. Additionally, Ms. DeMello is ordered to attend the hearing and state whether the court reporter's notes exist and explain why she has not filed the record of the hearing.
At the hearing, the trial court shall determine the following issues: 1. whether a significant portion of the court reporter's notes and exhibits have been lost or destroyed, and if so, whether the loss or destruction occurred without any fault of the Appellant; 2. if the reporter's record has been lost or destroyed, whether the lost or destroyed portion is necessary to the appeal's resolution; 3. if the reporter's record has been lost or destroyed, whether it can be replaced by agreement of the parties; and 4. if the reporter's record has not been lost or destroyed, the trial court shall determine whether Ms. DeMello can prepare the record within a reasonable period of time so that this appeal can proceed, and if not, whether another court reporter can utilize the notes to prepare and file the reporter's record.
The trial court is authorized to hear evidence and to determine any additional matters it deems relevant to these inquiries. The court is also authorized to enter any orders to ensure that the reporter's record is filed at the earliest date possible. Such orders could include the appointment of another court reporter to prepare and file the record.
The trial court is directed to make findings of fact and conclusions of law regarding these matters and file same with the trial court clerk for inclusion in a supplemental clerk's record. The supplemental clerk's record containing any orders and the findings entered by the trial court shall be forwarded to this Court within 15 days after the trial court files its findings and conclusions. Additionally, the court reporter shall prepare the transcription of the hearing and forward it to this Court within fifteen days after the hearing.
IT IS SO ORDERED this 8 day of August, 2017.
PER CURIAM Before McClure, C.J., Rodriguez, and Palafox, JJ.