Opinion
05-24-00384-CV
08-27-2024
DESTINY HOPKINS, Appellant v. NLP TEXAS ONE LLC, Appellee
On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-24-01536-A
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
The reporter's record in this case, which was originally due May 24, 2024, has not been filed. By order dated July 10, 2024, we ordered Nancy Newhouse, to file within fifteen days of the date of the order, either (1) the reporter's record; (2) written verification no hearings were recorded; or (3) written verification appellant has not requested preparation of the reporter's record. Because Ms. Newhouse failed to comply with the Court's order, on July 31, 2024, we again ordered Ms. Newhouse to file either the reporter's record or the required documentation within fifteen days of the date of the order. We expressly cautioned Ms. Newhouse that failure to comply with the Court's order might result in an order that she not sit as a court reporter and in the Court abating the case to determine the status of the reporter's record. Nevertheless, as of the date of this order, Ms. Newhouse has failed to comply with the Court's order.
Our records indicate appellant is entitled to proceed without payment of costs.
So that this appeal can proceed, we ORDER that Court Reporter Nancy Newhouse NOT SIT as a court reporter until such time as she files the reporter's record or required documentation in this appeal.
We further ORDER the Honorable D'Metria Benson, Presiding Judge, County Court at Law No. 1, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Newhouse present and make findings concerning the status of the reporter's record in this appeal. The hearing shall be stenographically recorded.
The trial court's findings shall include: (1) if appellant has requested the record; (2) the reason why Ms. Newhouse has failed to file the reporter's record or required verifications as ordered by this Court; and (3) the date Ms. Newhouse reasonably expects to file either the required verifications or the complete reporter's record including all exhibits.
If the date Ms. Newhouse reasonably expects to file the reporter's record is later than September 26, 2024, the trial court's findings should also include (1) whether Ms. Newhouse's notes may be transcribed by another court reporter; (2) the date by which another court reporter could complete the reporter's record using Ms. Newhouse's notes; and (3) the identity and contact information of the court reporter who could do so.
The Dallas County Clerk shall file a supplemental transcript containing the trial court's findings within THIRTY DAYS of the date of this order. A reporter's record of the hearing shall also be filed within THIRTY DAYS of the date of this order.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.
We DIRECT the Clerk of the Court to send a copy of this order to:
Honorable D'Metria Benson
Presiding Judge
County Court at Law No.1
John Warren Dallas County Clerk
Alejandra Ortiz
Official Court Reporter County Court at Law No. 1
Nancy Newhouse Court Reporter
All Parties.