Opinion
05-24-00428-CV
06-05-2024
BOSS EXOTICS, LLC, Appellant v. PAUL CHAPPELL, Appellee
On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-23-04680-A
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
Appellant appeals from the trial court's December 22, 2023 order dismissing the underlying case. On January 24, 2024, appellant filed a combined verified motion to reinstate and rule 306a motion. See TEX. RS. CIV. P. 165a, 306a(4), (5). In the motion and at the hearing on the motion, appellant asserted that neither it nor its counsel acquired actual notice of the judgment until January 24, 2024. The record before the Court does not include a written order from the trial court that finds the date when appellant or its counsel first either received notice or acquired actual knowledge that the order was signed. See TEX. R. APP. P. 4.2(c) (written order finding date of notice or actual knowledge required). Accordingly, we ORDER the Honorable D'Metria Benson, Presiding Judge of County Court at Law No. 1, to sign, WITHIN TWENTY DAYS of the date of this order, a written order containing a finding of the date when appellant or its counsel first either received notice or acquired actual knowledge that the December 22, 2023 order was signed.
We ORDER Dallas County Clerk John Warren to file, WITHIN TWENTY-FIVE DAYS of the date of this order, a supplemental clerk's record containing the above-requested trial court order finding the date.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Benson; Mr. Warren; and all parties.
We SUSPEND the current deadline for appellant's brief on the merits.
We ABATE this appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated in thirty days or when the supplemental clerk's record is filed, whichever occurs sooner.