Order entered January 5, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00582-CV
IN THE INTEREST OF S.W., A CHILD
On Appeal from the 255th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-11-15911
ORDER
By letter dated December 31, 2020, Court Reporter Wendell Sheffield, IV
informed the Court that the reporter’s record he filed is missing Mother’s Exhibit
Y which appears to have been text messages sent by Mother to Father indicating
her objections to the child playing football. In light of this circumstance, we
ORDER the Honorable Carmen Rivera-Worley, Visiting Judge who presided over
the trial, to conduct a hearing, no later than February 4, 2021, and make findings
as to whether: (1) Exhibit Y can be located; (2) if Exhibit Y cannot be located,
whether it can be replaced by agreement of the parties or with a copy determined
by the trial court to accurately duplicate with reasonable certainty the original
missing exhibit; and (3) if Exhibit Y can be neither located nor replaced, whether it
is necessary to the appeal’s resolution. See TEX. R. APP. P. 34.6(f).
The trial court’s findings shall be filed in a supplemental clerk’s record no
later than February 9, 2021. A supplemental reporter’s record of the hearing shall
also be filed no later than February 9, 2021.
We DIRECT the Clerk of this Court to send a copy of this order to Judge
Rivera-Worley; Dallas County District Clerk Felicia Pitre; Yolanda Atkins,
Official Court Reporter for the 255th Judicial District Court; and, all parties.
We ABATE this appeal to allow the trial court an opportunity to conduct the
hearing. The appeal will be reinstated no later than February 16, 2021.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE