in the Interest of B.Q.L., a Child

• Court: Court of Appeals of Texas
• Decided: August 1, 2022
• Docket: 05-21-01108-CV
• Status: Published

Opinion

Order entered August 1, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-01108-CV

IN THE INTEREST OF B.Q.L., A CHILD

On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-03861

ORDER

We REINSTATE this appeal which we twice abated to allow the trial court

an opportunity to conduct a hearing and file findings of fact concerning the

reporter’s record of the underlying proceedings. See TEX. R. APP. P. 36.4(f). In

two separately filed findings of fact, the trial court made the following findings: (1)

a hearing was not held on November 11, 2021; (2) the motion for new trial hearing

held on November 16, 2021 was recorded and the record has been filed; (3) Court

Reporter Yolanda Atkins, former Official Court Reporter for the 255th Judicial

District Court, testified that she was not present at the trial held on June 8, 2021;

(4) Ms. Atkins’s testimony was untruthful; (5) Ms. Atkins was the reporter for the trial; (6) Ms. Atkins stated she has no notes from the trial; (7) appellant is not at

fault for the reporter’s record not being transcribed; (8) the attorneys state the

record is necessary to the appeal’s resolution; and (8) the record cannot be replaced

by agreement of the parties.

We ADOPT the trial court’s findings. The parties shall address the findings

in their briefs. Appellant’s brief shall be filed within thirty days of the date of

this order.

/s/ KEN MOLBERG JUSTICE