Opinion
No. 05-20-00179-CV
07-13-2020
IN THE INTEREST OF A.P.N., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-18-05082
ORDER
On July 2, 2020, we ordered court reporter LaToya Young, who is under our order to not sit as a reporter, to provide written verification petitioner's exhibits 2 and 67, admitted into evidence at final trial but not included in the reporter's record, had not been lost or destroyed and could be included in the record. By letter filed July 6, 2020, Ms. Young informed the Court that exhibit 2 is not lost or destroyed, and she will "upload the contents of the disc." She disputed exhibit 67 was admitted into evidence, but she has contacted petitioner's (appellee's) counsel to see if he has a copy of the exhibit, and is waiting on a reply. To date, neither the disc that was to be uploaded nor an update on exhibit 67 has been filed.
This appeal has been at a standstill for over three months because of an incomplete record. Accordingly, to avoid further delay, we ORDER Ms. Young to file a supplemental reporter's record containing a copy of petitioner's exhibit 2 no later than July 17, 2020. Any concerns the parties may have with respect to petitioner's exhibit 67 may be addressed by motion in accordance with Texas Rule of Appellate Procedure 34.6. See TEX. R. APP. P. 34.6.
We ORDER appellant's brief on the merits be filed within thirty days of the filing of the supplemental reporter's record, subject to any rule 34.6 motion.
Our order directing Ms. Young to not sit REMAINS IN EFFECT.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Andrea D. Plumlee, Presiding Judge of the 330th Judicial District Court; Francheska Duffey, Official Court Reporter for the 330th Judicial District Court; Ms. Young; the Dallas County Auditor; and, the parties.
/s/ ERIN A. NOWELL
JUSTICE