Theodore Simmons v. Midland Funding, LLC ( 2020 )

Order entered April 30, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00143-CV THEODORE SIMMONS, Appellant V. MIDLAND FUNDING, LLC, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-19-01681-C ORDER Before the Court is appellant’s April 28, 2020 second motion to compel court reporter LaToya Jackson-Martinez to file the record of the September 19, 2019 bench trial. Appellant requests the record be filed by May 5, 2020. We GRANT the motion to the extent we ORDER Ms. Young-Martinez to file the record no later than May 11, 2020. We note the record was first due February 25, 2020 and the deadline has had to be extended twice because of Ms. Young-Martinez’s failure to file the record and otherwise communicate with the Court. Accordingly, and because the appeal cannot proceed without the record, we caution Ms. Young-Martinez that failure to file the record by May 11th may result in the Court taking such action as is necessary to ensure compliance including ordering she not sit as a court reporter until the record is filed. We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Sally Montgomery, Presiding Judge of County Court at Law No. 3; Janet Wright, as Official Court Reporter for County Court at Law No. 3; Ms. Young-Martinez; and, the parties. /s/ ROBERT D. BURNS, III CHIEF JUSTICE