Opinion
05-23-00965-CV
06-26-2024
FRENCHIE ADAMS, Appellant v. AMBLR PROPERTIES, LLP, Appellee
On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-23-04131-C
ORDER
KEN MOLBERG JUSTICE
The reporter's record in this case has not been filed. By postcard dated January 26, 2024, we notified Janet Wright, Official Court Reporter for County Court at Law No 3, that the reporter's record was overdue and directed her to file the reporter's record within thirty days. By orders dated April 16, 2024 and May 14, 2024 we again notified Ms. Wright the reporter's record was overdue and ordered her to file either the reporter's record, written verification no hearings were recorded, or written verification appellant had not requested preparation of the reporter's record. In our May 14, 2024 order we expressly cautioned Ms. Wright that her continued failure to comply with the Court's orders might result in this Court abating the case for a hearing to determine the status of the reporter's record and an order that she not sit as a court reporter until such time as she complies with the Court's orders. Nevertheless, Ms. Wright has failed to comply.
Our records indicate appellant is entitled to proceed without payment of costs.
Accordingly, we ORDER the Honorable Sally Montgomery to conduct a hearing regarding the reporter's record in this case. At the hearing, Judge Montgomery is ORDERED to determine (1) why the reporter's record or other requested documentation has not been filed, (2) when Ms. Wright anticipates filing the reporter's record or requested documentation in this Court, and (3) if the anticipated date of filing the record is more than 15 days from the date of the hearing, whether the reporter's record can be transcribed by another court reporter. If it will be more than 15 days from the date of the hearing before the reporter's record will be filed, Ms. Wright SHALL turn over her notes to the trial court and Judge Montgomery SHALL appoint another court reporter to transcribe the reporter's record.
The trial court shall give the parties at least three days' notice of the hearing and shall hold the hearing no later than July 8, 2024. The trial court shall file written findings of fact no later than July 10, 2024, and the findings shall be included in a supplemental clerk's record to be filed in this Court no later than July 12, 2024. The reporter's record of the hearing shall also be filed in this Court no later than July 12, 2024.
We further ORDER that Janet Wright NOT SIT as a court reporter until such time as Ms. Wright complies with this Court's orders by filing either the requested documentation or the complete reporter's record in this appeal.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the Court receives the trial court's findings of fact or finds it appropriate to do so.
We DIRECT the Clerk to send copies of this order to:
Honorable Sally Montgomery
Presiding Judge
County Court at Law No. 2
Janet Wright
Official Court Reporter
County Court at Law No 2
Dallas County Auditor's Office
All parties