In re J.L.B.

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

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 16, 2020

No. 05-20-00526-CV (Tex. App. Jul. 16, 2020)

Opinion

No. 05-20-00526-CV

07-16-2020

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

BILL WHITEHILL JUSTICE

On Appeal from the 304th Judicial District Court Dallas County, Texas
Trial Court Cause No. JC-19-00171-W

ORDER

The reporter's record in this accelerated child protection case is overdue. The reporter's record was originally due to be filed by May 18, 2020. By postcard dated May 21, 2020, we notified Marty Grant, Official Court Reporter for the 304th Judicial District Court, that the reporter's record was overdue and instructed her to file the record within ten days. By order dated June 12, 2020, we again notified Ms. Grant that the reporter's record was overdue, and ordered her to file the record by June 22, 2020. And by order dated July 2, 2020, we yet again informed Ms. Grant the record was overdue, and ordered her to file the record by July 12, 2020. In that order, we expressly cautioned Ms. Grant that failure to comply with the Court's order would result in the Court taking whatever action it deemed necessary to see that she complied with the Court's orders, including an order that she not sit as a court reporter until she did so. To date, Ms. Grant has not filed the reporter's record, nor has she corresponded with the Court regarding the delay in filing the reporter's record.

Because the appeal cannot proceed without the reporter's record, we ORDER the trial court to conduct a hearing, no later than July 27, 2020, to determine (1) why the record has not been filed, (2) the date it will be filed, and (3) what steps need to be taken to ensure the record is filed by that date.

The trial court shall make its findings concerning the reporter's record in writing. The findings shall be filed in a supplemental clerk's record no later than August 3, 2020. A supplemental reporter's record of the hearing shall also be filed no later than August 3, 2020.

To further ensure the record is filed and as we cautioned in our last order, we ORDER Ms. Grant not sit as a reporter until she has filed the record.

We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Andrea Martin, Presiding Judge of the 304th Judicial District Court; Dallas County District Clerk Felicia Pitre; Ms. Grant; the Dallas County Auditor; and, all parties.

We ABATE the appeal to allow the trial court an opportunity to conduct the hearing. The appeal will be reinstated no later than August 4, 2020.

/s/ BILL WHITEHILL

JUSTICE