Opinion
No. 06-08-00023-CV
Date: April 1, 2008.
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court No. DC-03-05712-E.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
ORDER
Raffaelle M. Pandozy filed an appeal from various orders of the trial court. The appeal was transferred to this Court by order of the Texas Supreme Court due to the fact that the judges of the Dallas Court of Appeals recused themselves from hearing the case.
On our initial receipt of the clerk's record, we noted that it appeared Pandozy's notice of appeal was untimely. We then contacted the district clerk of the 101st Judicial District Court of Dallas County requesting any additional documentation that would extend the timetables for the filing of the notice of appeal. A supplemental clerk's record was filed in response to our request. That record contained no additional pleadings that would make Pandozy's notice of appeal timely. We, therefore, dismissed the appeal for want of jurisdiction.
On receipt of our opinion, the Dallas County district clerk's office then notified us they did, in fact, have additional documents on file regarding this case, and informed us that we would have to send an additional letter requesting those same items previously requested but not supplied.
After receipt of our second letter, the district clerk has now provided a second supplement to the record in this case, containing requests for findings of fact and conclusions of law that were not previously sent to this Court, despite our first request.
Pending our review of the additional pleadings in the second supplemental clerk's record, and of the briefs filed in this case, we withdraw our opinion dismissing the appeal, and order the clerk to reinstate it on our docket.
The briefs of the parties having already been filed, the case is submitted to the panel of Chief Justice Josh R. Morriss, III, Justice Jack Carter, and Justice Bailey C. Moseley, as of April 22, 2008.
IT IS SO ORDERED.