Yvette C. Branch v. Matthew Bergin and Katherine Bergin

• Court: Court of Appeals of Texas
• Decided: January 12, 2023
• Docket: 05-22-01259-CV
• Status: Published

Opinion

Order entered January 12, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-01259-CV

YVETTE C. BRANCH, Appellant

V.

MATTHEW BERGIN AND KATHERINE BERGIN, Appellees

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-07239

ORDER

This appeal is the second appeal concerning the underlying case. The

clerk’s record has been filed as has the reporter’s record of the hearing on

appellant’s motion for new trial. Before the Court is appellant’s motion to transfer

the reporter’s record from the first appeal, appellate cause number 05-22-00004-

CV, to this appeal. Appellant asks the record be transferred and filed as of

December 29, 2022, the date the record of the new trial hearing was filed, and further asks the reporter who filed the record of the new trial hearing be ordered to

refile that record as a supplemental record.

We GRANT the motion to the extent we ORDER a copy of the reporter’s

record from appellate cause number 05-22-00004-CV be filed in this appeal and

DIRECT the Clerk of the Court to redesignate the December 29, 2022 new trial

hearing record as a supplemental reporter’s record.

Appellant’s brief remains due January 27, 2023.

/s/ BONNIE LEE GOLDSTEIN JUSTICE