Sandra Hale v. Rising S Company LLC, Gary Lynch and Clyde Wayne Scott ( 2019 )


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  • Order entered October 3, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-00932-CV
    SANDRA HALE, Appellant
    V.
    RISING S COMPANY LLC, GARY LYNCH, 28.3 AND CLYDE WAYNE SCOTT,
    Appellees
    On Appeal from the County Court at Law No. 1
    Kaufman County, Texas
    Trial Court Cause No. 100179-CC
    ORDER
    Appellant appeals from the trial court’s August 6, 2019 order denying her motion to
    dismiss pursuant to the Texas Citizens Participation Act (TCPA). See TEX. CIV. PRAC. & REM.
    CODE ANN. § 27.003. The statute requires that a defendant obtain a hearing on the motion within
    certain clearly defined periods. See 
    id. § 27.004.
    It is unclear from the record before this Court whether the trial court conducted a hearing
    on appellant’s TCPA motion. Accordingly, we ORDER the trial court to file, within TWENTY
    DAYS of the date of this order, written findings of fact as to: (1) whether it conducted a hearing
    on appellant’s TCPA motion; and, if so (2) the date of that hearing and whether the hearing was
    recorded.
    We ORDER Rhonda Hughey, Kaufman County District Clerk, to file, within
    TWENTY-FIVE DAYS of the date of this order, a supplemental clerk’s record containing the
    trial court’s written findings of fact.
    Before the Court is appellant’s September 23, 2019 motion to amend her brief regarding
    this Court’s jurisdiction over the appeal. We GRANT the motion to the extent that the Court
    will consider the motion when determining its jurisdiction over this appeal.
    We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Tracy
    Gray, Presiding Judge of County Court at Law No.1; Ms. Hughey; and all parties.
    /s/    BILL WHITEHILL
    JUSTICE
    

Document Info

Docket Number: 05-19-00932-CV

Filed Date: 10/3/2019

Precedential Status: Precedential

Modified Date: 10/7/2019