Opinion
05-24-00209-CV
11-13-2024
NATHANIAL REGGISH, Appellant v. JOYCE A. STEPHENS, Appellee
On Appeal from the Collin County Probate Collin County, Texas Trial Court Cause No. PB1-1777-2020
ORDER
BILL PEDERSEN, III JUSTICE
We REINSTATE this appeal as the trial judge has held the hearing for which we abated, and a reporter's record of that hearing has been filed.
Pursuant to our abatement order, the trial judge was to hold the hearing to confirm that three of the underlying proceedings were electronically recorded, and if they were, determine the court recorder(s) responsible for the recordings and confirm the recordings were preserved and are accessible. The reporter's record reflects the trial judge complied, but no written findings were made. The reporter's record also reflects the trial court's court reporter, Carolyn England, who works on a contract basis, was to file the record of the proceedings. Although our order directed the record of the proceedings be filed by November 4, to date, it has not been filed.
To avoid confusion regarding the electronically-recorded proceedings and ensure the record is complete, we ORDER the Honorable Sarah Duff, Presiding Judge of the Probate Court of Collin County, to state her findings in writing and have the findings filed in a supplemental clerk's record no later than November 25, 2024. We further ORDER Ms. England to file the record of the electronically-recorded proceedings no later than November 25, 2024. The record of these proceedings 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 any logs of the proceedings. See Tex. R. App. P. 34.6(a)(2).
We DIRECT the Clerk of the Court to send a copy of this order to Judge Duff, Collin County Clerk Stacey Kemp, Ms. 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.