Simmons v. Midland Funding

Full title: THEODORE SIMMONS, Appellant v. MIDLAND FUNDING, LLC, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 9, 2020

No. 05-20-00143-CV (Tex. App. Nov. 9, 2020)

Opinion

No. 05-20-00143-CV

11-09-2020

THEODORE SIMMONS, Appellant v. MIDLAND FUNDING, LLC, Appellee

BILL WHITEHILL JUSTICE

On Appeal from the County Court at Law No. 3 Dallas County, Texas
Trial Court Cause No. CC-19-01681-C

ORDER

We REINSTATE this appeal which we abated on October 28, 2020 for the third time to allow the trial court an opportunity to conduct a hearing to determine why substitute court reporter LaToya Young had not filed the reporter's record of the September 19, 2019 bench trial. On November 5, 2020, Ms. Young filed the record. The record, however, contains significant errors. For example, lines 14-17 on page 11 reads as follows:

14 MR. SIMMONS: I object to these proceeding.

15 If are you hold you to [TRAO-EULD] an refeuds the
16 347 jury trial that's what I would lake administrator
17 know.

Similar errors can be found in the remaining twenty-two pages of the record. These errors render the record useless. Accordingly, we STRIKE the record. Our October 28th order REMAINS IN EFFECT.

We again ABATE the appeal to allow the trial court an opportunity to conduct the hearing. The appeal will be reinstated no later than November 20, 2020.

/s/ BILL WHITEHILL

JUSTICE