Opinion
05-21-00977-CV
01-19-2022
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 to allow the trial court an opportunity to conduct a hearing and file findings of fact concerning the reporter's record of the underlying proceedings. See Tex. R. App. P. 34.6(f). The hearing, necessitated by the official reporter's representation to the Court that the proceedings were not recorded due to her stenographic machine malfunctioning, was held January 4, 2022, and the findings were filed January 14.
Among the findings the trial court made were that (1) "[a] bench trial was held in this case on August 18, 2021" and "lasted no longer than one and a half hours[;]" (2) "[a] motion to reopen trial was held on October 5, 2021[;]" (3) "[t]he Certified Court Reporter on August 18, 2021 was Yolanda Atkins who reported the entire trial[;]" (4) Father's attorney requested preparation of "the record from the August 18, 2021 trial[;]" (5) when Ms. Atkins "attempted to pull up the record of the August 18, 2021 trial . . . there was just a line[;]" (6) Ms. Atkins had "no backup on her machine nor did she use a separate recording device[;]" (7) "[t]he record is necessary to the resolution of the appeal[;]" and, (8) "[t]he parties do not agree to replacement of the record."
We ADOPT the trial court findings. The parties shall address the findings in their briefs. Appellant's brief shall be filed no later than February 8, 2022 and appellee's brief shall be filed no later than February 28, 2022.
The reporter's record of the January 4 hearing remains due.