Opinion
05-23-00957-CV
04-19-2024
GERRI SAVALA GOLD, Appellant v. SOUTH SIDE PLAZA 455 LTD, L.L.P., Appellee
On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-23-02623-C
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
The reporter's record in this appeal, which was originally due on November 21, 2023 has not been filed. By postcard dated November 27, 2023, we notified Janet Wright, Official Court Reporter for County Court at Law No. 3, that the record was overdue and directed that the record be filed within thirty days. By order dated February 9, 2024, we again notified Ms. Wright that the record was overdue and ordered Ms. Wright to file, by February 24, 2024, either the record, written verification no hearings were recorded, or written verification the reporter's record had not been requested. When Ms. Wright failed to comply with the Court's order, we once again notified Ms. Wright that the reporter's record was overdue, and we again ordered Ms. Wright to file the record or other documentation. In that order, we expressly cautioned Ms. Wright that failure to comply with the Court's order might result in an order that she not sit as a court reporter and/or an order for the trial court to determine why the record has not been filed.
Our records indicate appellant is entitled to proceed without payment of costs.
To date, Ms. Wright has not filed the reporter's record nor otherwise corresponded with the Court regarding the status of the reporter's record.
Accordingly, we ORDER that Janet Wright NOT SIT as a court reporter until such time as Ms. Wright complies with this Court's orders by filing the either the requested documentation or the complete reporter's record in this appeal.
We further ORDER the Honorable Sally Montgomery to conduct a hearing regarding the reporter's record in this case. At the hearing, Judge Montgomery is ORDERED to determine (1) if and when the reporter's record was requested by appellant, (2) why the reporter's record or other requested documentation has not been filed, (3) when Ms. Wright anticipates filing the reporter's record or requested documentation in this Court, and (4) if the anticipated date of filing the record is more than 15 days from the date of the hearing, whether the reporter's record can be transcribed by another court reporter.
The trial court shall give the parties at least three days' notice of the hearing and shall hold the hearing no later than May 10, 2024. The trial court shall file written findings of fact no later than May 15, 2024, and the findings shall be included in a supplemental clerk's record to be filed in this Court no later than May 20, 2024. The reporter's record of the hearing shall also be filed in this Court no later than May 20, 2024.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the Court receives the trial court's findings of fact or finds it appropriate to do so.
We DIRECT the Clerk to send copies of this order to:
Honorable Sally Montgomery Presiding Judge County Court at Law No. 2
Janet Wright Official Court Reporter County Court at Law No 2
Dallas County Auditor's Office
All parties