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Byrne v. Wilson

Court of Appeals of Texas, Fifth District, Dallas
Feb 28, 2024
No. 05-23-01064-CV (Tex. App. Feb. 28, 2024)

Opinion

05-23-01064-CV

02-28-2024

PATRICK BYRNE, Appellant v. REBECCA WILSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY ELLEN STOUT, Appellee


On Appeal from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-20-00440-1

ORDER

BILL PEDERSEN, III JUSTICE

Before the Court is appellant's February 26, 2024 motion requesting suspension of the deadline for his brief pending the filing of a complete reporter's record. We DENY the motion, in part, and GRANT it, in part.

In the motion, appellant asserts the following: (1) the reporter's record does not contain the trial proceedings conducted on July 11, 2023; (2) although the master index reflects the July 11 proceedings are in volume 3 of the reporter's record, the volume "marked Volume 3 is shown to actually be Reporter's Record Volume 2 of 10"; (3) there is no volume 3; and (4) the reporter's record labeled volume 2 of 10 is actually volume 10 of 10. Our review of the reporter's record disputes appellant's assertions. It appears the 10-volume reporter's record is properly labeled and volume 3 contains the record of the trial court proceedings conducted on July 11. Accordingly, to the extent appellant complains about an incomplete reporter's record, we DENY the motion.

Appellant also asserts in the motion that the court reporter "failed to produce the jury's written notes during their deliberations and the Court's written responses sent back to the jury." We note that pages 90 through 107 of volume 5 of the reporter's record include on-the-record discussion of each juror question and the trial court's answers. We GRANT appellant's motion to the extent that we ORDER Dallas County Clerk John Warren to file, on or before March 11, 2024, a supplemental clerk's record containing the jury's written questions and the trial court's responses to those questions.

On the Court's own motion, we extend the deadline for appellant's brief to April 10, 2024.

We DIRECT the Clerk of this Court to send a copy of this order to Mr. Warren and all parties.


Summaries of

Byrne v. Wilson

Court of Appeals of Texas, Fifth District, Dallas
Feb 28, 2024
No. 05-23-01064-CV (Tex. App. Feb. 28, 2024)
Case details for

Byrne v. Wilson

Case Details

Full title:PATRICK BYRNE, Appellant v. REBECCA WILSON, AS PERSONAL REPRESENTATIVE OF…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 28, 2024

Citations

No. 05-23-01064-CV (Tex. App. Feb. 28, 2024)