Opinion
No. 05-17-00319-CV
08-10-2017
JOE H. STALEY, JR. AND STALEY BUSINESS PARTNERSHIP, LP, Appellants v. DELIA CROSSLEY, Appellee
On Appeal from the Collin County Probate Court Collin County, Texas
Trial Court Cause No. PB1-1828-2016
ORDER
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Before the Court is appellants' amended motion to supplement court record. Appellants seek to supplement the record with transcripts from two hearings that were electronically tape recorded because the Collin County Probate Court does not have a court reporter. The recordings were transcribed by a court reporter designated by the probate court.
The Texas Supreme Court has authorized courts in certain counties to make a record in civil proceedings by electronic tape recording. See RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF COURT PROCEEDINGS BY ELECTRONIC RECORDING, reprinted in TEXAS RULES OF COURT-STATE 397-98 (West 2017). Collin County is not one of those counties. See id. at 397.
Because the Supreme Court has not authorized courts in Collin County to electronically record proceedings, we DENY the motion. However, we ABATE the appeal to allow the probate court an opportunity to conduct a hearing to determine whether the parties agree on the contents of the transcripts. See TEX. R. APP. P. 34.2. If the parties do not agree, the probate court shall then determine whether (1) appellants requested the proceedings be stenographically recorded or objected to them being electronically recorded and (2) the record of the proceedings is necessary to the appeal's resolution. See id. 34.6(f). The trial court shall hold the hearing WITHIN FOURTEEN DAYS of the date of this order. Further, WITHIN TWENTY DAYS of the date of this order, the trial court shall transmit to the Court a reporter's record of this hearing and a supplemental clerk's record containing the trial court's docket sheet, the written finding(s), and any supporting documentation.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Weldon Copeland, Presiding Judge of Collin County Probate Court, and the parties.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will be reinstated when the requested record has been filed or within thirty days of the date of this order.
/Craig Stoddart/
CRAIG STODDART
JUSTICE