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Simmons v. Midland Funding

Court of Appeals Fifth District of Texas at Dallas
Nov 20, 2020
No. 05-20-00143-CV (Tex. App. Nov. 20, 2020)

Opinion

No. 05-20-00143-CV

11-20-2020

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


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 to allow the trial court an opportunity to conduct a hearing to determine why substitute reporter LaToya Young had not filed the reporter's record of the September 19, 2019 bench trial. The hearing was scheduled November 9, 2020, and the reporter's record of the bench trial was filed later that day. Accordingly, we VACATE our August 10, 2020 order prohibiting Ms. Young from sitting as a reporter until the record was filed. As it appears the appellate record is now complete, we ORDER appellant to file his opening brief no later than December 21, 2020.

The findings of fact the trial court was to make following the November 9th hearing and the reporter's record of that hearing, both of which were to be filed no later than November 13, 2020, remain due and shall be filed no later than December 1, 2020.

We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Sally Montgomery, Presiding Judge of County Court at Law No. 3; Dallas County Clerk John F. Warren; Janet Wright, Official Court Reporter for County Court at Law No. 3; Ms. Young; the Dallas County Auditor; and, the parties.

/s/ BILL WHITEHILL

JUSTICE


Summaries of

Simmons v. Midland Funding

Court of Appeals Fifth District of Texas at Dallas
Nov 20, 2020
No. 05-20-00143-CV (Tex. App. Nov. 20, 2020)
Case details for

Simmons v. Midland Funding

Case Details

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

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 20, 2020

Citations

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