Summary
The Texas Court of Appeals, Third District, abated the appeal and remanded it to the trial court for findings of fact and conclusions of law concerning Lucius Lydick’s request to obtain reporter’s records without paying the court reporter’s fee. The court ordered a supplemental clerk’s record containing those findings within thirty days, or a status report if the record was not timely filed.
Topics
Practice areas
Questions Presented
- Whether the court of appeals should compel delivery and filing of reporter's records when the records had not been filed and the appellant had not paid the court reporter's fee.
- Whether the trial court should make findings of fact and conclusions of law concerning the appellant's request for the reporter's records.
Holdings
- The court of appeals abated the appeal and remanded to the trial court to make findings of fact and conclusions of law underlying Lydick's request for the reporter's records.
Key quotations
“We abate this appeal and remand for the trial court to make findings of fact and conclusions of law underlying Lydick’s request, which he appears to have made for the first time in this Court.” (at 1)
Factual background
Lucius Lydick sought reporter's records for hearings held on November 25 and December 12. He asserted that he was entitled to the records without paying the court reporter's fee, but he had not paid the fee and the records had not been filed with the court of appeals.
Procedural history
The appeal arose from the 425th Judicial District Court of Williamson County. Because the requested reporter's records had not been filed and the appellant appeared to have raised the request for the first time in the court of appeals, the appellate court abated the appeal and remanded for trial-court findings and conclusions.
Remand instructions
The trial court must make findings of fact and conclusions of law underlying Lydick's request for the reporter's records. The trial court clerk must file a supplemental clerk's record containing those findings and conclusions within thirty days of February 6, 2026. If the supplemental clerk's record is not provided by that date, the parties must file a status report on that date instead.