Opinion
05-24-00209-CV
10-03-2024
NATHANIAL REGGISH, Appellant v. JOYCE A. STEPHENS, Appellee
On Appeal from the Collin County Probate Court Collin County, Texas Trial Court Cause No. PB1-1777-2020
ORDER
BILL PEDERSEN, III JUSTICE
The reporter's record in this appeal from a jury trial is incomplete. As reflected in appellant's docketing statement, the trial court proceedings were recorded both stenographically and electronically. Although appellant requested the record of the trial, which was stenographically recorded, and three electronically-recorded proceedings, to date only the reporter's record of the trial has been filed.
Under Texas Government Code section 25.0453(g), which authorizes electronic recording of proceedings in Collin County probate court, when a proceeding is electronically recorded, the court reporter is not required to be present to certify the record. See Tex. Gov't Code Ann. § 25.0453(g). Instead, the judge may designate one or more persons to act as the court recorder and shall assign the recorder(s) the duties and responsibilities necessary to act in that capacity. Id. Among those duties and responsibilities is filing with the clerk a log showing the proceeding or event recorded. See Tex. R. App. P. 13.2(b).
Nothing before us reflects whom the judge designated to act as the recorder for the three proceedings for which appellant has requested the record. Although the clerk's record has been filed, it does not reflect the court recorder's log was requested, and the log is not included in the record.
The appeal cannot proceed without a complete record, and the judge who the docket sheet reflects presided over at least two of the proceedings at issue, the Honorable Weldon Copeland, has now retired. Accordingly, we ORDER the Honorable Sarah Duff, Presiding Judge of the Probate Court of Collin County and Judge Copeland's successor, to hold a hearing, no later than October 24, 2024, to (1) confirm the proceedings at issue were, in fact, electronically recorded; and if they were, (2) determine the court recorder(s) responsible for the recording of the proceedings; and (3) confirm the recordings were preserved and are accessible. If the proceedings at issue were electronically recorded and the recordings were preserved and are accessible, Judge Duff shall order the court recorder(s) to file the record of the proceedings no later than November 4, 2024. The record shall consist of certified copies of all tapes or other audio-storage devices on which the proceedings were recorded, any of the exhibits designated by the parties, and certified copies of the court recorder's log. See Tex. R. App. P. 34.6(a)(2).
The transcription of the proceedings shall be filed by appellant in an appendix in accordance with Texas Rule of Appellate Procedure 38.5 at or before December 4, 2024, the date appellant's brief is due. See Tex. R. App. P. 38.5.
A supplemental clerk's record containing a copy of Judge Duff's findings and any order directing the recorder(s) to file the record shall be filed no later than October 31, 2024. A supplemental reporter's record of the hearing shall also be filed no later than October 31, 2024.
We DIRECT the Clerk of the Court to send a copy of this order to Judge Duff, Collin County Clerk Stacey Kemp, Probate Court Deputy Reporter Carolyn England, and the parties.
We ABATE the appeal to allow Judge Duff to comply with this order. The appeal shall be reinstated when the requested record has been filed or at such other date as the Court deems appropriate.