Order entered October 3, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00151-CV
G. C. BUILDINGS, INC., Appellant
V.
RGS CONTRACTORS, INC., Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. 03-04559-J
ORDER
Appellant filed its brief on July 10, 2013. Appellant points out that, although timely
requested, the trial court never made findings of fact and conclusions of law. Appellant also
points out that a portion of the reporter’s record has been lost or destroyed. Appellee filed its
brief on September 9, 2013. In its brief, appellee requests that the appeal be abated to allow the
trial court to make its findings of fact and conclusions of law. Appellant has agreed to appellee’s
request.
With respect to the reporter’s record, we ORDER the Honorable Gena Slaughter, Judge
of the 191st Judicial District Court of Dallas County, Texas, to conduct a hearing, WITHIN
THIRTY DAYS OF THE DATE OF THIS ORDER, and determine whether: (1) without
appellant’s fault, a significant portion of the reporter’s notes and records has been lost or
destroyed; (2) the lost or destroyed portion of the reporter’s record is necessary to the appeal’s
resolution; and (3) the lost or destroyed portion of the reporter’s record cannot be replaced by
agreement of the parties. Judge Slaughter shall file her findings of fact and conclusions of law
from this hearing in a supplemental clerk’s record with this Court WITHIN FORTY-FIVE
DAYS OF THE DATE OF THIS ORDER.
With respect to appellant’s timely request for findings of fact and conclusions of law,
we ORDER Judge Slaughter to make her findings of fact and conclusions of law WITHIN
THIRTY DAYS OF THE DATE OF THIS ORDER. The findings of fact and conclusions of
law shall be filed in a supplemental clerk’s record with this Court WITHIN FORTY-FIVE
DAYS OF THE DATE OF THIS ORDER.
Appellant shall file its brief on the merits thirty days after the record in this Court is
complete.
We DIRECT the Clerk of this Court to send a copy of this order by electronic
transmission to Judge Slaughter and all counsel of record.
This appeal is ABATED to allow the trial court to comply with this order. The appeal
will be reinstated forty-five days from the date of this order or when the Court receives the
findings of fact and conclusions of law pertaining to the hearing and appellant’s request,
whichever occurs sooner.
/s/ DAVID LEWIS
JUSTICE