Opinion
No. 04-15-00362-CV
02-17-2016
Javan P. SMITH, Appellant v. DC CIVIL CONSTRUCTION, LLC, Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2015-CV-01978
Honorable Martha Tanner, Judge Presiding
ORDER
Appellant has filed a motion for extension of time to file his brief asserting reporter's record from hearings held on the following dates are missing from the appellate record: (1) May 15, 2015; (2) May 29, 2015; (3) June 4, 2015; (4) June 26, 2015; and (5) July 2, 2015. Appellant attached letters from two court reporters responding to his request for the missing records, and neither court reporter took records on the foregoing dates. It is therefore ORDERED that this appeal is abated to the trial court for a hearing to determine: (1) whether records were taken of hearings on the foregoing dates, the name of the court reporter who took the records, and whether such records have been lost or destroyed; (2) if the records have been lost or destroyed, whether the lost or destroyed records can be replaced by agreement of the parties; and (3) if the records have been lost or destroyed, whether the lost or destroyed records are "necessary to the appeal's resolution." See TEX. R. APP. P. 34.6(f). The trial court is further ORDERED to file supplemental clerk's and reporter's records in this court, no later than March 17, 2016, which shall include: (1) a transcription of the hearing and copies of any documentary evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above enumerated questions. All appellate filing dates are ABATED pending further orders from this court.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of February, 2016.
/s/_________
Keith E. Hottle, Clerk