Elawyers Elawyers
Ohio| Change

BURNS v. DIMMIT COUNTY, 04-16-00593-CV. (2018)

Court: Court of Appeals of Texas Number: intxco20180501556 Visitors: 11
Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: ORDER REBECA C. MARTINEZ , Justice . On March 27, 2018, we abated this appeal for thirty (30) days and ordered the trial court to conduct a hearing and make written findings of fact determining whether: (1) any significant exhibit pertaining to the attorney disqualification motion and hearings is lost or destroyed, and if so, (2) whether the missing exhibit(s) are necessary to the appeal's resolution, and if so, (3) whether the lost or destroyed exhibit(s) can be replaced by agreement of th
More

ORDER

On March 27, 2018, we abated this appeal for thirty (30) days and ordered the trial court to conduct a hearing and make written findings of fact determining whether: (1) any significant exhibit pertaining to the attorney disqualification motion and hearings is lost or destroyed, and if so, (2) whether the missing exhibit(s) are necessary to the appeal's resolution, and if so, (3) whether the lost or destroyed exhibit(s) 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 exhibit(s)." See TEX. R. APP. P. 34.6(f). A supplemental clerk's record and supplemental reporter's record were to be filed by April 26, 2018. On that date, appellants/cross-appellees Alvin M. Burns and I.M. Burns, joined by appellee/cross-appellant Dimmit County, Texas, filed an "Advisory to the Court and Unopposed Motion to Extend Abatement." The motion recites that the Burns parties filed a motion to recuse the trial court judge, the Honorable David Peeples, asserting that, because he presided over the June 20, 2013 disqualification hearing, he is a fact witness to the missing exhibits. Judge Peeples voluntarily recused himself from the matter, and Senior Justice Phylis J. Speedlin was assigned to preside over the hearing concerning the missing exhibits on April 25, 2018.

We hereby GRANT the motion to extend the abatement to the requested date of June 11, 2018. No further extensions of the abatement will be granted, absent extraordinary circumstances.

It is further ORDERED that the trial court clerk must file a supplemental clerk's record containing the trial court's written findings, and the court reporter must file a supplemental reporter's record containing a transcript of the hearing held on this matter and the replaced or duplicated exhibit(s) in this court no later than June 11, 2018. Because the supplemental clerk's record and supplemental reporter's record will contain matters that pertain to the attorney disqualification issue, both records must be filed under seal in this court pursuant to our order issued on December 20, 2017.

The parties' reply briefs will be due within thirty days from the date the appeal is reinstated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of April, 2018.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer