in Re Renee Sizemore ( 2021 )

Order filed October 14, 2021.
In The
Fourteenth Court of Appeals
NO. 14-21-00542-CV
IN RE RENEE SIZEMORE, Relator
ORIGINAL PROCEEDING
WRIT OF HABEAS CORPUS
505th District Court
Fort Bend County, Texas
Trial Court Cause No. 19-DCV-259360
ORDER
On September 28, 2021, relator Renee Sizemore filed a petition for writ of
habeas corpus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R.
App. P. 52. In the petition, relator asks this Court to compel the Honorable Kali
Morgan, presiding judge of the 505th District Court of Fort Bend County, to vacate
the trial court’s September 28, 2021, order holding relator in contempt and for
commitment to county jail.
On September 29, 2021, we ordered relator released on bond, pending the
resolution of this habeas corpus proceeding.
On September 30, 2021, we instructed relator to redact her petition for writ
of habeas corpus to remove names of minor children, which relator has filed.
Additionally, in our September 30 order, we directed relator to comply with Rule
52.7(a)(2) of the Texas Rules of Appellate Procedure, as follows:
Additionally, relator must file with the petition a sufficient record to
establish the right to relief. Walker v. Packer, 827 S.W.2d 833, 837
(Tex. 1992) (orig. proceeding). Rule 52.7(a)(2) requires the relator to
file with the petition “a properly authenticated transcript of any
relevant testimony from any underlying proceeding, including any
exhibits offered into evidence, or a statement that no testimony was
adduced in connection with the matter complained.” Tex. R. App. P.
52.[7](a)(2).
The trial court’s order indicates that before holding relator in
contempt, on April 23, June 29, July 30, August 19, August 23, and
September 27, 2021, the trial court heard Movant’s Amended Motion
for Enforcement of Possession or Access. The trial court's contempt
order states “[t]he record of testimony was duly reported by the court
reporter for the 505th Judicial District Court.” Relator’s petition,
however, is not accompanied by a reporter’s record of the hearings
held in this matter. See Tex. R. App. P. 52.[7](a)(2).
By this order, the Court gives relator notice that the petition will be
dismissed unless an amended petition is filed that addresses the record
issues identified above on or before October 8, 2021.
On October 8, 2021, relator filed a motion for an extension of time to file her
amended petition, seeking forty-five days to obtain transcripts of the hearings
conducted by the trial court on Daniel Landsdown’s Amended Motion for
2
Enforcement of Possession or Access. Attached to relator’s motion is a letter from
the court reporter, estimating thirty days to prepare the requested transcripts.
We ORDER relator’s motion for extension of time to file first amended
petition for writ of habeas corpus GRANTED. Unless relator provides the Court
with proof of arrangements for payment with the court reporter within five days of
issuance of this order, the petition will be dismissed.
If relator timely provides proof of payment, the reporter’s record shall be
filed with this Court as a supplement to relator’s appendix within thirty-five days
from issuance of this order. Relator’s amended petition for writ of habeas corpus
shall be filed forty-five days from issuance of this order.
To the extent we requested a response from the real party in interest, Daniel
Landsdown, we extend this deadline to fifty-five days from issuance of this order.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Hassan and Poissant.
3