Opinion
05-19-01158-CV
07-27-2021
IN THE INTEREST OF A.D.B., II, A CHILD
On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-15-18807
Before Justices Partida-Kipness, Pedersen, III, and Goldstein.
ORDER
BONNIE LEE GOLDSTEIN JUSTICE.
Appellant appeals from the September 19, 2019 Order to Confirm Support Arrearage signed by Retired IV-D Associate Judge George Collins. On Monday, September 23, 2019, appellant filed a timely request for a trial de novo before the referring court. See TEX. FAM. CODE ANN. § 201.1042(b) (request for de novo hearing due not later than third working day after associate judge signs proposed order). A referring court shall hold a de novo hearing not later than the thirtieth day after the date the request for a de novo hearing was filed. See id. 201.015(f).
Section 201.015(f) is applicable to de novo hearings from an IV-D AJ ruling via section 201.1042(a). See TEX. FAM. CODE ANN. § 201.1042(a).
Based on the record before the Court and as confirmed by appellant in his brief, the trial court has not conducted the requisite de novo hearing and, therefore, it appears the appeal is premature. See id. § 201.1041 (a) (providing that judgment of associate judge becomes judgment of referring court by operation of law without ratification by the referring court only if request for de novo hearing not timely filed or right to de novo hearing is waived). Although we could dismiss for want of jurisdiction, we conclude, on the facts before us, that the parties should be allowed an opportunity to obtain an order on the Attorney General's Suit for Modification of Support Order and Motion to Confirm Support Arrearage signed by the referring court. Any order shall be signed within thirty days of the date of this order.
We ORDER Dallas County District Clerk Felicia Pitre to file, no later than August 27, 2021, either a supplemental clerk's record containing a copy of the referring court's order or written verification no order was signed. We further ORDER Melva Key, Official Court Reporter of the 302nd Judicial District Court, to file, no later than August 27, 2021, a supplemental reporter's record of any hearing held pursuant to this order.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Sandra Jackson, Presiding Judge of the 302nd Judicial District Court; Ms. Pitre; Ms. Key; and, the parties.
We ABATE the appeal to allow the parties an opportunity to have appellant's appeal determined and a written order signed by the referring court. The appeal shall be reinstated no later than August 31, 2021 and is subject to dismissal without further notice should an order not be signed by the referring court.