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Launius v. Flores

Court of Appeals of Texas, Fifth District, Dallas
Sep 21, 2021
No. 05-21-00210-CV (Tex. App. Sep. 21, 2021)

Opinion

05-21-00210-CV

09-21-2021

KIRK LAUNIUS, Appellant v. DIANA FLORES, IN HER OFFICIAL CAPACITY AS PRESIDING OFFICER, CHAIR OF TRUSTEES, OF DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, Appellee


On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-08429

ORDER

ROBBIE PARTIDA-KIPNESS JUSTICE.

Before the Court are appellant's September 17, 2021 opposed motion to correct inaccuracies in the reporter's record and appellee's response. A copy of appellant's motion is attached. We GRANT the motion as follows.

We ORDER the trial court to conduct a hearing, within twenty days of the date of this order, and make written findings regarding whether the reporter's record contains the omissions and inaccuracies alleged in the attached motion. See TEX. R. APP. P. 34.6(e). Both Marcey Poeckes, Official Court Reporter for the 298th Judicial District Court, and Court Reporter Brooke Wagner who recorded the trial shall attend the hearing. If the trial court finds any omissions and/or inaccuracies in the reporter's record, it must order the court reporter to conform the reporter's record (including text and any exhibits) to what occurred in the trial court and to file, no later than October 20, 2021, certified corrections in this Court. See id. 34.6(e)(3).

We ORDER Dallas County District Clerk Felicia Pitre to file, within thirty days of the date of this order, a supplemental clerk's record containing the trial court's written findings.

We ORDER Ms. Poeckes to file, within thirty days of the date of this order, a reporter's record from the hearing. We ORDER Ms. Wagner to file, within thirty days of the date of this order, any corrected reporter's record as ordered by the trial court.

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Emily Tobolowsky, Presiding Judge of the 298th Judicial District Court; Ms. Pitre; Ms. Poeckes; Ms. Wagner; and, all parties.

We ABATE this appeal to allow the trial court to comply with this order. The appeal will be reinstated in thirty-five days.


Summaries of

Launius v. Flores

Court of Appeals of Texas, Fifth District, Dallas
Sep 21, 2021
No. 05-21-00210-CV (Tex. App. Sep. 21, 2021)
Case details for

Launius v. Flores

Case Details

Full title:KIRK LAUNIUS, Appellant v. DIANA FLORES, IN HER OFFICIAL CAPACITY AS…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 21, 2021

Citations

No. 05-21-00210-CV (Tex. App. Sep. 21, 2021)