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In re B.Q.L.

Court of Appeals of Texas, Fifth District, Dallas
Aug 1, 2022
No. 05-21-01108-CV (Tex. App. Aug. 1, 2022)

Opinion

05-21-01108-CV

08-01-2022

IN THE INTEREST OF B.Q.L., A CHILD


On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-03861

ORDER

KEN MOLBERG JUSTICE.

We REINSTATE this appeal which we twice 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. 36.4(f). In two separately filed findings of fact, the trial court made the following findings: (1) a hearing was not held on November 11, 2021; (2) the motion for new trial hearing held on November 16, 2021 was recorded and the record has been filed; (3) Court Reporter Yolanda Atkins, former Official Court Reporter for the 255th Judicial District Court, testified that she was not present at the trial held on June 8, 2021; (4) Ms. Atkins's testimony was untruthful; (5) Ms. Atkins was the reporter for the trial; (6) Ms. Atkins stated she has no notes from the trial; (7) appellant is not at fault for the reporter's record not being transcribed; (8) the attorneys state the record is necessary to the appeal's resolution; and (8) the record cannot be replaced by agreement of the parties.

We ADOPT the trial court's findings. The parties shall address the findings in their briefs. Appellant's brief shall be filed within thirty days of the date of this order.


Summaries of

In re B.Q.L.

Court of Appeals of Texas, Fifth District, Dallas
Aug 1, 2022
No. 05-21-01108-CV (Tex. App. Aug. 1, 2022)
Case details for

In re B.Q.L.

Case Details

Full title:IN THE INTEREST OF B.Q.L., A CHILD

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 1, 2022

Citations

No. 05-21-01108-CV (Tex. App. Aug. 1, 2022)