Opinion
No. 05-16-00519-CV No. 05-16-00520-CV
09-29-2016
On Appeal from the 254th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-04-11968
ORDER
We REINSTATE these appeals as the supplemental clerk's record containing the requested findings and conclusions for which we abated has been filed.
Pending before the Court are (1) appellant Father's "motion requesting review of trial court's ruling on motion to stay order;" (2) Dallas County District Clerk's request for extension of time to file supplemental record; (3) Official Court Reporter Janet Saavedra's notice that Exhibit 1 and a CD offered at trial by Father and admitted into evidence are missing; and (4) Father's "motion for new trial due to loss of trial exhibits." We DENY appellant Father's "motion requesting review of trial court's ruling on motion to stay order" without prejudice to refiling if necessary. In light of the supplemental clerk's record being filed, we DENY as moot Dallas County District Clerk's extension request.
Based on Ms. Saavedra's notice of the missing exhibit and CD, we ORDER the trial court to conduct a hearing to determine whether
(1) Father timely requested a reporter's record;See TEX. R. APP. P. 34.6(f). The trial court shall hold the hearing WITHIN FOURTEEN DAYS of the date of this order, and notice of the hearing shall be provided to the parties, Ms. Saavedra, and court reporter Melva Key, who reported the trial proceedings. See TEX. R. CIV. P. 21. Further, WITHIN TWENTY DAYS of the date of this order, the trial court shall transmit to the Court a reporter's record of this hearing and a supplemental clerk's record containing the trial court's docket sheet, the written findings, and any supporting documentation.
(2) Exhibit 1 and the CD have been lost or destroyed due to no fault of Father;
(3) if lost or destroyed, Exhibit1 and the CD are necessary to the appeal's resolution; and,
(4) if lost or destroyed, Exhibit 1 and the CD can be replaced by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.
Because the requested findings are necessary for a determination of whether Father may be entitled to a new trial as a result of the state of the record, we DENY as premature appellant's motion for new trial. See id. 34.6(f).
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Susan Rankin, Presiding Judge of the 254th Judicial District Court; Ms. Saavedra; Ms. Key; Dallas County District Clerk Felicia Pitre; and, the parties.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will be reinstated when the requested record has been filed or within thirty days of the date of this order.
/s/ CRAIG STODDART
JUSTICE