Opinion
05-21-00977-CV
01-06-2022
IN THE INTEREST OF A.C.J., A CHILD
On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-19-13596
ORDER
DAVID J. SCHENCK JUSTICE
We REINSTATE this appeal which we abated December 21, 2021 to allow the trial court an opportunity to conduct a hearing and file findings of fact concerning the reporter's record of the trial court proceedings. The hearing was necessitated by the representation of the trial court's official reporter that she was unable to file the record because her stenographic machine malfunctioned and the proceedings were not recorded.
The hearing was held January 4, 2022, but the requested trial court findings of fact have not yet been filed and are not due to be filed until January 10. However, by letter filed January 5, the official reporter, Yolanda Atkins, has informed the Court that she was ordered to produce, no later than January 5, the diskette "that should have contained the record." According to Ms. Atkins, she is unable to comply at this time because her home was recently flooded and she has limited access to the items in her home.
To the extent Ms. Atkins requests relief from this Court, we DENY the request. The requested trial court findings remain due January 10, 2022 and shall address Ms. Atkins's inability to comply with the trial court's production order. The deadline for filing the reporter's record of the January 4th hearing and any other hearings that may be held in light of Ms. Atkins's inability to comply as well as the supplemental clerk's record containing the trial court's findings remains January 13, 2022.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Kim Cooks, Presiding Judge of the 255th Judicial District Court; Dallas County District Clerk Felicia Pitre; Ms. Atkins; and, the parties.
We again ABATE the appeal to allow the trial court an opportunity to comply with this order and our December 21st order. The appeal shall be reinstated no later than January 20, 2022.