Opinion
05-21-00960-CV
01-13-2022
JOHN SAKYI, Appellant v. ABENA FOSUA SAKYI, Appellee
On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-19-16018
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
The reporter's record in this case is overdue. In a letter dated December 2, 2021, counsel for appellant, Kirk Claunch, detailed his failed attempts to communicate with the court reporter by telephone and email regarding his request for the reporter's record. By orders dated December 8, 2021 and January 10, 2022, we ordered Glenda Finkley, Official Court Reporter for the 256th Judicial District Court, to provide the Court with written verification showing she has communicated with Mr. Claunch regarding his request for the reporter's record. In a letter filed on January 11, Ms. Finkley notified the Court that she has not been paid for the reporter's record.
Because Ms. Finkley has failed to comply with this Court's orders, we ORDER the trial court to conduct a hearing, reported by another court reporter, WITHIN TWENTY DAYS of the date of this order, to make written findings as to (1) whether Ms. Finkley has communicated with Mr. Claunch regarding the request for the reporter's record, (2) the date or dates the communication(s) occurred, (3) whether appellant has paid the fee for preparation of the reporter's record and, if not, when such payment will be made, and (4) the date the reporter's record will be filed.
The trial court's written findings shall be filed in a supplemental clerk's record no later than TWENTY-FIVE DAYS from the date of this order. A supplemental reporter's record of the hearing shall also be filed WITHIN TWENTY-FIVE DAYS of the date of this order.
If the trial court finds that appellant has paid for the reporter's record, we ORDER that Ms. Finkley not sit as a reporter until she has filed the record.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable David Lopez, Presiding Judge of the 256th Judicial District Court; Dallas County District Clerk Felicia Pitre; Ms. Finkley; the Dallas County Auditor; and, all parties.
We ABATE the appeal to allow the trial court an opportunity to conduct the hearing. The appeal will be reinstated no later than twenty-five days from the date of this order.