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The tc atf contents should not be draining back into the sump because; there is a anti drain back valve on the spin on filter.
So, Ether you don't have the proper fluid level (I've been there), or you have the wrong filter/that is lacking the drain back valve. If it's the latter, it most likely not a huge deal, but if it were mine i'd replace it.
It's not always straightforward to check the atf level, in the morning, after 6+ hours of non operation, it should be at or below the top hole of the cold area. After a nice hot drive, it should be at or below the top hole of the hot level, and obviously, above the bottom hole of the top level.
There are some exceptions.
If when cold the fluid level is above the top hole of the cold level, and when hot it is below the top hole of the hot level, your ok.
If your above the bottom cold when cold and below the bottom hot when hot, that's usually ok, it means your not really hot, yet.
The is part of the reason why oems are moving to dealer only, no dipstick, transmissions. If you overfill a transmission, it can be just as bad, if not worse, than having it empty.
If your adding fluid, go it slowly. 1/4 a qt or less, at a time, give it time. You do not want to overfill it.
I had hesitation to engage in the mornings, and also when stopping it would act like it wanted to bog down, i even had it stall a few times, particularly if on a incline (while coming to a stop). I was nearly 3 quarts low. This has happened to many other people.
If i had to estimate your probably about a quart or perhaps a little over, low. The fluid expands significantly when hot, this taking up more volume, allowing it to operate normally when warm, but act up when cold. hydraulic pressure operates every thing in the transmission. You need pressure to lock, unlock the tc, change gears, etc.
The 35 mph lurch.stumble is odd, but, normal. it gets more interesting with a trans-go shift kit.
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