In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00140-CV
RAY WINN, APPELLANT
V.
SALLY LAWSON, APPELLEE
On Appeal from the County Court at Law No. 1
Bell County, Texas
Trial Court No. 74271, Honorable Jeanne Parker, Presiding
July 22, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant, Ray Winn, appeals from a judgment entered on January 29, 2015.
The clerk’s record has been filed. On June 12, 2015, the court reporter filed three
volumes of the reporter’s record. However, the third volume, the exhibits volume, was
blank. The clerk of this court contacted the court reporter and advised him of the
situation. The reporter advised he would promptly file the third volume. Because the
third volume had not been received by the court, we issued a letter on July 1, 2015
directing the court reporter to file the third volume of the record no later than July 13,
2015. To date, the court reporter has failed to file the third volume of the reporter’s
record.
Accordingly, we abate the appeal and remand the cause to the County Court at
Law No. 1 of Bell County (trial court) for further proceedings. Upon remand, the trial
court shall immediately determine, through hearing or otherwise;
1) whether a third volume of the reporter’s record exists;
2) whether all exhibits tendered to and received by the trial
court in the trial of this cause appear in the reporter’s
record filed by the reporter with this court; and, if not,
3) the reasonable date by which all evidence and
proceedings omitted from the current reporter’s record
can be transcribed into written form and filed with the
clerk of this court in a manner that does not further delay
the prosecution of this appeal or have the practical effect
of depriving the appellant of his right to appeal.
If the trial court convenes a hearing to address this matter, it shall cause the
hearing to be transcribed. So too shall it 1) execute findings of fact and conclusions of
law addressing the foregoing issues, and 2) cause to be developed a supplemental
clerk’s record containing its findings of fact and conclusions of law and all orders it may
issue in response to the directives contained in this order. Additionally, the trial court
shall then cause the supplemental clerk’s and reporter’s records to be filed with the
clerk of this court on or before August 21, 2015. Should further time be needed by the
trial court to perform these tasks, then same must be requested before August 21,
2015.
It is so ordered.
Per Curiam
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