Opinion
No. 05-15-00780-CV
02-18-2016
NYLONDAJAZZ SHARNESE, Appellant v. ULTIMA REAL ESTATE, INC., A TEXAS COMPANY, ET AL., Appellees
On Appeal from the County Court at Law No. 3 Collin County, Texas
Trial Court Cause No. 003-00174-2014
ORDER
We GRANT appellant's January 31, 2016 motion to order the court reporter to file an amended copy of the reporter's record and February 2, 2016 motion for continuance as follows: We ORDER the Honorable Lance Baxter, Presiding Judge of County Court at Law No. 3, to conduct a hearing, WITHIN FORTY-FIVE DAYS OF THE DATE OF THIS ORDER, and make written findings of fact as to whether:
1. the reporter's record contains inaccuracies; and
2. if the reporter's record contains inaccuracies, the identity of each inaccuracy. If the trial judge finds inaccuracies in the reporter's record, he must order the court reporter to conform the reporter's record to what occurred in the trial court and to file certified corrections with this Court. See TEX. R. APP. P. 34.6(e) (2) & (3).
We ORDER Stacey Kemp, Collin County Clerk, to file a supplemental clerk's record, WITHIN SIXTY DAYS OF THE DATE OF THIS ORDER, containing the trial court's written findings. We ORDER Denise Condran, Official Court Reporter for County Court at Law No. 3, to file, WITHIN SIXTY DAYS OF THE DATE OF THIS ORDER, a reporter's record from the hearing and any certified corrections as ordered by the trial judge.
Appellant timely filed a brief on February 12, 2016. Accordingly, we DENY as moot her February 9, 2016 motion for an extension of time to file a brief. We SUSPEND the current deadline for appellees' brief. After the Court has received the trial court's written findings, the reporter's record from the hearing, and any certified corrections to the reporter's record, we will set a deadline for appellant to file an amended brief.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Baxter, Ms. Kemp, Ms. Condran, appellant, and counsel for appellee.
We ABATE the appeal to allow the trial court to conduct a hearing in accordance with this order. We will reinstate this appeal in sixty days or when the Court receives the trial court's findings, the reporter's record from the hearing, and any certified corrections to the reporter's record, whichever occurs sooner.
/s/ ELIZABETH LANG-MIERS
JUSTICE