Opinion
05-22-00171-CV
11-08-2022
ANGELIA SMITH, KELVIN SMITH AND ALL OCC, Appellants v. SNUG OWNER, LLC. D/B/A THE BROOKLYN@9590, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-05552-D
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE
We REINSTATE this appeal which we abated to allow the trial court an opportunity to conduct a hearing to determine the accuracy of the reporter's record. Our October 10, 2022 order abating the appeal directed the trial court to conduct a hearing no later than November 10, 2022. By letter dated November 6, 2022, appellants inform the Court the hearing is set for November 9, 2022 at 4:00 p.m., but they need to have it rescheduled due to a family emergency.
In light of the circumstances, we EXTEND the deadline for the trial court to conduct the hearing to November 30, 2022. All other deadlines in our October 10 abatement order are also EXTENDED:
• any corrected record shall be filed no later than December 12, 2022;
• the supplemental clerk's record containing the trial court's written findings and the reporter's record of the hearing on the accuracy of the record shall be filed no later than December 5, 2022.
We DENY appellants' November 2, 2022 "plea of res judicata abuse of process and motion to dismiss the complaint" without prejudice to appellants asserting the arguments in their merits brief, which shall be filed by the date the Court sets once the issue concerning the reporter's record is resolved.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Paula M. Rosales, Presiding Judge of County Court at Law No. 4; Dallas County Clerk John F. Warren; Coral L. Wahlen, Official Court Reporter for County Court at Law No. 4; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal shall be reinstated no later than December 19, 2022.