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Chao v. Plano Bldg. Standard Comm'n

Court of Appeals Fifth District of Texas at Dallas
Nov 8, 2017
No. 05-17-00450-CV (Tex. App. Nov. 8, 2017)

Opinion

No. 05-17-00450-CV

11-08-2017

JAMES T. CHAO, Appellant v. PLANO BUILDING STANDARD COMMISSION, CITY OF PLANO, TEXAS, Appellee


On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-05450-2016

ORDER

Before the Court are three motions filed by appellant on November 6, 2017. In his "Motion to Request for Extension of Time for the Pro Se Appellant to Timely Respond and to Timely File any Required Motions/Notices in the Pending Case(s) (even if past the filing date) as Impacted by the Result of Texas Flooding and the Surrounding State, " appellant fails to identify a motion or notice for which he seeks an extension of time. Accordingly, we DENY the motion.

In his "Motion to Request Official Court Reporter to Complete and Submit the Complete Reporter's Record to the Texas 5th Court of Appeals," appellant asserts the reporter's record is incomplete. We construe appellant's motion as a motion to determine the accuracy of the reporter's record. We GRANT the motion to the extent that we ORDER the Honorable Mark Rusch, Judge of the 401st Judicial District Court, to conduct a hearing, WITHIN THIRTY DAYS of the date of this order, and make written findings of fact as to whether: (1) the reporter's record contains an inaccuracy as set forth in appellant's motion that is attached to this order; and, (2) if the record contains an inaccuracy, whether the parties may agree to correct the inaccuracy. If the parties cannot agree on whether or how to correct the inaccuracy, the trial court must settle the dispute and, if the trial court finds an inaccuracy, it must order the court reporter to conform the reporter's record to what occurred in the trial court and to file certified corrections in the appellate court. See TEX. R. APP. P. 34.6(e).

We ORDER Lynne Finley, Collin County District Clerk, to file, WITHIN THIRTY-FIVE DAYS of the date of this order, a supplemental clerk's record containing the trial court's written findings and any order issued related to the findings.

We ORDER Kimberly Tinsley, Official Court Reporter for the 401st Judicial District Court, to file, WITHIN FORTY DAYS of the date of this order, the reporter's record from the hearing.

Appellant's final motion is his "Motion Request for the Court to Extend Appellate Brief Submission Time for 30 Days After the Completion of Reporter's Record." We GRANT the motion. Appellant's brief will be due THIRTY DAYS after the Court receives the supplemental clerk's record containing the trial court's written findings or the date any certified corrections are filed if ordered by the trial court.

We DIRECT the Clerk of this Court to send a copy of this order with a copy of appellant's "Motion to Request Official Court Reporter to Complete and Submit the Complete Reporter's Record to the Texas 5th Court of Appeals," to Judge Rusch, Ms. Finley, Ms. Tinsley, and all parties.

We ABATE this appeal to allow the trial court to comply with this order. The appeal will be reinstated thirty-five days from the date of this order or when the requested supplemental clerk's record is filed, whichever occurs sooner.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE


Summaries of

Chao v. Plano Bldg. Standard Comm'n

Court of Appeals Fifth District of Texas at Dallas
Nov 8, 2017
No. 05-17-00450-CV (Tex. App. Nov. 8, 2017)
Case details for

Chao v. Plano Bldg. Standard Comm'n

Case Details

Full title:JAMES T. CHAO, Appellant v. PLANO BUILDING STANDARD COMMISSION, CITY OF…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 8, 2017

Citations

No. 05-17-00450-CV (Tex. App. Nov. 8, 2017)