Opinion
05-23-01313-CV
08-29-2024
On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-14653
ORDER
CORY L. CARLYLE JUSTICE
On August 27, 2024, this Court ordered court reporter Melva Key not to sit as a court reporter until she filed the complete reporter's record in this case. Our order also required the trial court to hold a hearing and make findings and recommendations concerning the reporter's record.
Ms. Key filed the reporter's record on August 28, 2024. We questioned whether the relevant reporter's records were filed and asked Ms. Key to provide the Court with a copy of appellant's request for preparation of the reporter's record. Ms. Key responded with appellant's December 28, 2021 request for preparation of the reporter's record from October 4, 2021 and informed the Court that appellant has not requested preparation of a reporter's record regarding the November 29, 2023 modification order which is the subject of this appeal.
Accordingly, we VACATE the order of August 27, 2024. Ms. Key may sit as a court reporter, and the trial court need not hold the hearing or make the findings.
Because we have received notice from the court reporter that appellant has not requested preparation of the reporter's record relevant to the modification order on appeal, we ORDER appellant to provide this Court, within TEN DAYS of the date of this order, written verification appellant has requested preparation of the reporter's record relevant to the November 29, 2023 order. We CAUTION appellant that failure to do so may result in an order that the appeal be submitted on the reporter's record of the October 4, 2021 hearing.
We DIRECT the Clerk to send copies of this order to the Honorable Sandra Jackson, Presiding Judge, 302nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Melva Key, Official Court Reporter, 302nd District Court; Dallas County Auditor; and counsel for all parties.