in the Interest of S v. and S v. Children ( 2016 )

Order entered August 16, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00519-CV
No. 05-16-00520-CV
IN THE INTEREST OF S.V. AND S.V., CHILDREN
On Appeal from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-04-11968
ORDER
Pending before the Court are (1) appellant’s motion to abate; (2) appellant’s amended
motion to order district clerk to file corrected supplemental clerk’s record; (3) appellant’s motion
requesting review of trial court’s ruling on motion to stay order; (4) court reporter Melva Key’s
request for extension of time to file her portion of the reporter’s record; and (5) appellant’s
objection to Ms. Key’s extension request. The motions have been pending while we determined
our jurisdiction over these companion appeals which challenge the trial court’s March 4, 2016
order in suit affecting parent-child relationship, March 25, 2016 order on petitioner’s motion to
compel discovery in aid of judgment, May 4, 2016 order denying motion to stay enforcement of
order making retroactive change to child support amount, and May 4, 2016 order on motion to
confirm child support arrearage.
We order as follows. On our own motion, we ORDER appellant to file, no later than
August 26, 2016, a jurisdictional letter brief explaining how this Court has jurisdiction over the
March 25, 2016 order compelling discovery. See Bahar v. Lyon Fin. Servs., 330 S.W.3d 379,
388 (Tex. App.—Austin 2010, pet. denied) (“Post-judgment orders regarding discovery disputes
are not final, appealable judgments over which appellate courts have] jurisdiction.”). Appellee
shall file any response no later than September 6, 2016.
We GRANT appellant’s motion to abate appeal and ORDER the Honorable Susan
Rankin, Judge of the 254th Judicial District Court of Dallas County, Texas to make findings of
fact and conclusions of law in accordance with Texas Family Code section 153.258, no later than
September 6, 2016. The findings of fact and conclusions of law shall be filed in a supplemental
clerk’s record with this Court no later than September 9, 2016.
We also GRANT Ms. Key’s extension request to the extent we ORDER the reporter’s
record, originally due July 5, 2016, to be filed no later than September 9, 2016. We caution Ms.
Key no further extensions will be granted absent exigent circumstances.
We DENY appellant’s amended motion to order corrected supplemental clerk’s record as
moot because the clerk has filed a record containing the documents requested in the amended
motion. Appellant’s motion requesting review of the trial court’s ruling on motion to stay order
remains pending.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Rankin, Dallas
County District Clerk Felicia Pitre, Ms. Key, and all parties.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will
be reinstated September 12, 2016 or when the Court receives the findings and conclusions.
/s/ ELIZABETH LANG-MIERS
JUSTICE