Opinion
05-24-00419-CV
08-13-2024
On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-03054
ORDER
KEN MOLBERG JUSTICE
We REINSTATE this appeal which we abated July 9, 2024 to allow the trial court an opportunity to hold a hearing on appellant's formal bill of exception. See Tex. R. App. P. 33.2. Under our July 9 order, the trial court was to hold the hearing no later than August 8, 2024, and a supplemental reporter's record of the hearing and a supplemental clerk's record containing a copy of either the signed bill or the rejected bill along with the trial court's bill and any related affidavits were to be filed no later than August 12, 2024.
By motion filed August 12, 2024, appellant informs the Court that the trial court held the hearing August 9, ordered appellant "to rewrite the bill of exception to conform to the reporter's record[,] and reset the bill of exception hearing until September 11, 2024." Appellant asks that the abatement and deadlines in our July 9 order be extended until September 13, 2024.
We GRANT appellant's motion and ORDER the trial court to conclude the hearing on the bill of exception no later than September 11, 2024. We further ORDER filed, no later than September 13, 2024, a supplemental reporter's record of the hearings and a supplemental clerk's record containing a copy of either (1) the signed bill or (2) the rejected bill along with the trial court's bill and any related affidavits.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Sandra L. Jackson, Presiding Judge of the 302nd Judicial District Court; Dallas County District Clerk Felicia Pitre; Melva Key, Official Court Reporter for the 302nd Judicial District Court; and the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than September 20, 2024.