Opinion
No. 05-20-00582-CV
01-05-2021
IN THE INTEREST OF S.W., A CHILD
On Appeal from the 255th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-11-15911
ORDER
By letter dated December 31, 2020, Court Reporter Wendell Sheffield, IV informed the Court that the reporter's record he filed is missing Mother's Exhibit Y which appears to have been text messages sent by Mother to Father indicating her objections to the child playing football. In light of this circumstance, we ORDER the Honorable Carmen Rivera-Worley, Visiting Judge who presided over the trial, to conduct a hearing, no later than February 4, 2021, and make findings as to whether: (1) Exhibit Y can be located; (2) if Exhibit Y cannot be located, whether it can be replaced by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original missing exhibit; and (3) if Exhibit Y can be neither located nor replaced, whether it is necessary to the appeal's resolution. See TEX. R. APP. P. 34.6(f).
The trial court's findings shall be filed in a supplemental clerk's record no later than February 9, 2021. A supplemental reporter's record of the hearing shall also be filed no later than February 9, 2021.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Rivera-Worley; Dallas County District Clerk Felicia Pitre; Yolanda Atkins, Official Court Reporter for the 255th Judicial District Court; and, all parties.
We ABATE this appeal to allow the trial court an opportunity to conduct the hearing. The appeal will be reinstated no later than February 16, 2021.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE