Tracey B. Thompson v. Martin F. Gaines ( 2022 )

Order entered September 12, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00039-CV
TRACEY B. THOMPSON, Appellant
V.
MARTIN F. GAINES, Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-09781
ORDER
By motion filed September 6, 2022, appellant complains of the accuracy of
the reporter’s record and requests the record be corrected. See TEX. R. APP. P.
34.6(e). Attached to the motion is a copy of the reporter’s record, marked with the
alleged errors.
Texas Rule of Appellate Procedure 34.6 provides the procedure for ensuring
the accuracy of the reporter’s record. See TEX. R. APP. P. 34.6(e),(f). When, as
here, a concern about the record arises after the record has been filed, we may refer
the matter to the trial court for resolution. See id. 34.6(e)(3). Accordingly, we
GRANT appellant’s request to the extent we ORDER the trial court to conduct a
hearing, no later than October 12, 2022, to determine if the reporter’s record
accurately discloses what occurred in the trial court. If the trial court finds any
inaccuracies or omissions, the court must order the court reporter to conform the
record to what occurred in the trial court and to file certified corrections in this
Court no later than October 24, 2022. See id. 34.6(e)(2). The trial court shall
make written findings of fact which shall be filed in a supplemental clerk’s record
no later than October 19, 2022. A reporter’s record of the hearing shall also be
filed no later than October 19, 2022.
The deadline for filing appellant’s brief is SUSPENDED. The Court will
set a new date for the filing of the brief once the concern regarding the reporter’s
record has been addressed.
We DIRECT the Clerk of the Court to send a copy of this order, along with
a copy of appellant’s motion, to the Honorable Staci Williams, Presiding Judge of
the 101st Judicial District Court; Dallas County District Clerk Felicia Pitre; Terri
Etekochay, Official Court Reporter for the 101st Judicial District Court; 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 October 31, 2022.
/s/ CRAIG SMITH
JUSTICE