Opinion
05-23-01313-CV
08-27-2024
IN THE INTEREST OF A.R., B.R. AND H.R., CHILDREN
On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-14653
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
The reporter's record in this appeal, which was originally due on March 28, 2024 has not been filed. By postcard dated April 2, 2024, we notified Melva Key, Official Court Reporter for the 302nd Judicial District Court, that the reporter's record was overdue and directed her to file the reporter's record within thirty days. Because we did not receive the record or a response from Ms. Key, on June 10, 2024, we ordered Ms. Key to file, within fifteen days of the order, either (1) the reporter's record; (2) written verification no hearings were recorded, (3) written verification appellant had not requested the reporter's record, or (4) written verification appellant had not paid for or made arrangements to pay for the record and is not entitled to proceed without payment of costs.
When Ms. Key failed to comply, by order dated July 11, 2024, we again ordered Ms. Key to file, within fifteen days of the date of the order, either (1) the reporter's record; (2) written verification no hearings were recorded, (3) written verification appellant had not requested the reporter's record, or (4) written verification appellant had not paid for or made arrangements to pay for the record and is not entitled to proceed without payment of costs. We expressly cautioned Ms. Key that her that failure to comply with the Court's order might result in an order that she not sit as a court reporter until she complied with the Court's order.
To date, Ms. Key has not complied with the Court's order, nor has she otherwise corresponded with the Court regarding the status of the reporter's record.
Accordingly, we ORDER that Melva Key, Official Court Reporter for the 302nd Judicial District Court, NOT SIT as a court reporter until such time as Ms. Key complies with this Court's orders by either filing the complete reporter's record or other required documentation in this appeal.
We further ORDER the Honorable Sandra Jackson to conduct a hearing regarding the reporter's record in this case and to file findings of fact concerning the status of the reporter's record in this case, and a reporter's record from the hearing. At the hearing, Judge Jackson is ORDERED to determine (1) if and when the reporter's record was requested by appellant, and (2) if the record has been requested, when the reporter's record will be filed in this Court.
The trial court shall give the parties at least three days' notice of the hearing and shall hold the hearing no later than September 9, 2024. The trial court shall file written findings of fact no later than September 12, 2024, and the findings shall be included in a supplemental clerk's record to be filed in this Court no later than September 18, 2024. The reporter's record of the hearing shall also be filed in this Court no later than September 18, 2024.
We DIRECT the Clerk to send copies of this order to:
Honorable Sandra Jackson
Presiding Judge 302nd Judicial District Court
Melva Key
Official Court Reporter 302nd Judicial District Court
Dallas County Auditor's Office
All parties