Riggs & Ray, P.C. v. State Fair of Tex.

Full title: RIGGS & RAY, P.C., Appellant v. STATE FAIR OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: May 15, 2018

No. 05-17-00973-CV (Tex. App. May. 15, 2018)

Opinion

No. 05-17-00973-CV

05-15-2018

RIGGS & RAY, P.C., Appellant v. STATE FAIR OF TEXAS, Appellee

CAROLYN WRIGHT CHIEF JUSTICE

On Appeal from the 116th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-16070

ORDER

The reporter's record in this accelerated appeal is incomplete. On February 1, 2018, after being informed by the parties they had requested and made payment arrangements for the records of hearings held September 22, 2017 and November 17, 2017, we ordered the records be filed no later than February 12, 2018. When the records had not been filed by February 26, 2018, we ordered them filed by March 15, 2018.

When the records still had not been filed by April 5, 2018, we specifically ordered court reporter Cheryl Dixon to file the records of the two hearings no later than April 16, 2018. We cautioned Ms. Dixon that failure to comply could result in the Court taking any necessary actions to ensure the record was filed. Although the Court's deputy clerk left a voice message for Ms. Dixon April 24, 2018 inquiring as to the status of the record, she has failed to respond.

Accordingly, we ORDER the Honorable Tonya Parker, Presiding Judge of the 116th Judicial District Court, to conduct a hearing, no later than May 31, 2018, to determine why the requested records have not been filed and the date by which the records will be filed. Judge Parker shall transmit the record of the hearing along with the written findings of fact, any supporting documentation, and any orders to the Court no later than June 8, 2018.

We DIRECT the Clerk of the Court to send a copy of this order via electronic transmission to Judge Parker, Official Court Reporter Lanetta Williams, Dallas County District Clerk Felicia Pitre, Ms. Dixon, and, the parties. The Clerk of the Court shall also send a copy of this order to Ms. Dixon via regular mail and certified mail, return receipt requested.

We ABATE the appeal to allow compliance with this order. The appeal shall be reinstated when the findings are received but no later than June 11, 2018.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE