Opinion
05-24-00420-CV
07-31-2024
IN THE INTEREST OF E.A., A CHILD
On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-23-00746
ORDER
KEN MOLBERG JUSTICE
The record in this appeal consists of a clerk's record, supplemental clerk's record, a four-volume reporter's record, and a five-volume supplemental reporter's record. Before the Court is appellant's July 26, 2024 letter that we construe as a further motion to supplement the clerk's and reporter's record. A copy of the motion is attached to this order.
To finally resolve appellant's concern that the appellate record is incomplete, we ORDER the trial court to conduct a hearing WITHIN THIRTY DAYS of the date of this order. With regard to the clerk's record, the trial court shall make written findings as to: (1) whether the documents listed in the attached motion are missing from the clerk's record; (2) whether any missing document is relevant to the appeal; (3) what, if any, missing and relevant documents can be filed in a supplemental clerk's record; (4) whether any missing and relevant document has been lost or destroyed and, if so, whether the parties can, by written stipulation, deliver a copy of any such document to the the trial court clerk for inclusion in a supplemental clerk's record; and (5) if the parties cannot agree, determine what constitutes an accurate copy of any such document and order it be included in a supplemental clerk's record. See Tex. R. App. P. 34.5(c)-(e). If any of the documents appellant seeks in the attached motion and determined to be relevant cannot be located, written verification of such fact shall be included in the trial court's written findings.
The trial court shall also make a written finding as to which, if any, of the additional requested reporter's records listed in the attached motion it designates to be part of the appellate record. See Tex. R. Civ. P. 145(i) (when indigent party requests preparation of reporter's record, trial court must designate the portions to be transcribed). Any additional reporter's records designated by the trial court for inclusion in the appellate record shall be filed WITHIN FORTY DAYS of the date of this order.
We ORDER Dallas County Clerk Felicia Pitre; Official Court Reporter Deborah Quarles; Court Reporter Laura Weed; Court Reporter Donna Kindle; Court Reporter Janet Saavedra; C. Anderson; appellant; and counsel for appellee to attend the hearing.
We ORDER Ms. Pitre to file, WITHIN THIRTY-FIVE DAYS of the date of this order, a supplemental clerk's record containing the trial court's written findings and any additional documents ordered by the trial court for inclusion in a supplemental clerk's record.
We ORDER a reporter's record of the hearing be filed WITHIN FORTY DAYS of the date of this order.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Kimberly Brown, Presiding Judge of the 254th Judicial District Court; Ms. Pitre; Ms. Quarles; Ms. Weed; Ms. Kindle; Ms. Saavedra; Court Reporter C. Anderson; and all parties.
We SUSPEND the current deadline for appellant's opening brief. We will set a new deadline for appellant's opening brief after we receive the trial court's written findings and any supplemental records.
We caution appellant that once the trial court makes its written findings and any supplemental records are filed, the Court will deem the appellate record complete and will not entertain any further motions to supplement the record.
We ABATE this appeal to allow the trial court the opportunity to comply with this order. The appeal will be reinstated in forty days.