Opinion
05-24-00796-CV
11-08-2024
CAO DAI TAY NINH TEMPLES OF TEXAS, ET AL., Appellants v. TAM THANH NGUYEN, ET AL., Appellees
On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-08591
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
On October 14, 2024, we ordered Dallas County District Clerk Felicia Pitre to file a supplemental clerk's record with eight additional documents. One of those documents was Plaintiffs' Response to Motion for New Trial and Special Appearance ("Document"). Appellants provided verification that, on May 2, 2024, they submitted the Document for e-filing, and the Document was "accepted by the clerk's office." Despite the e-filing verification, Ms. Pitre filed a letter on October 24, 2024 stating that the Document does not exist "in our system."
An electronically filed document is deemed filed when transmitted to the filing party's electronic filing service provider. See TEX. R. CIV. P. 21(f)((5). Accordingly, to ensure a correct copy of the Document is included in a supplemental clerk's record, we ORDER the trial court to conduct a hearing no later than November 26, 2024. The trial court shall make written findings as to what constitutes an accurate copy of the Document and order it to be included in a supplemental clerk's record. See TEX. R. APP. P. 34.5(e). We ORDER all parties to attend the hearing.
We ORDER Ms. Pitre to file, no later than December 6, 2024, a supplemental clerk's record with the trial court's written findings and any document the trial court determines should be included in the clerk's record.
We ORDER Official Court Reporter Jennifer Jacobs to file, no later than December 6, 2024, a reporter's record of the ordered hearing.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Emily Tobolowsky, Presiding Judge of the 298th Judicial District Court; Ms. Pitre; Ms. Jacobs; and all 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 December 9, 2024.