From Casetext: Smarter Legal Research

In re D.A.T

Court of Appeals of Texas, Eighth District, El Paso
Feb 20, 2024
No. 08-23-00308-CV (Tex. App. Feb. 20, 2024)

Opinion

08-23-00308-CV

02-20-2024

IN THE INTEREST OF D.A.T., A MINOR CHILD. Appellant.


Appeal from the 166th District Court of Bexar County, Texas (TC# 2014-CI-13033)

Before Alley, C.J., Palafox and Soto, JJ

ORDER

PER CURIAM

Before the Court is Reporter Debra Jimenez's second request for an extension of time to file the reporter's record in this cause. The reporter's record was originally due on January 12, 2024. On January 18, 2024, Reporter Jimenez requested an extension of sixty-six (66) days from the original deadline, until March 18, 2024, to file the reporter's record. On the same day, this Court granted the extension request for a period of thirty (30) days, pushing the deadline to file the record to February 12, 2024. In the order, the Court stated that the extension was a final extension and that no further extension request would be considered.

This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001. We follow the precedent of the Fourth Court of Appeals to the extent it might conflict with our own. See Tex. R. App. P. 41.3.

The Court notes that thirty (30) days from January 12, 2024 is February 11, 2024, which is a Sunday. Accordingly, pursuant to Rule 4 of the Texas Rules of Civil Procedure, the record in this cause became due on February 12, 2024, providing an additional thirty-one (31) days to complete the reporter's record. Tex.R.Civ.P. 4 (controlling computation of time).

On February 20, 2024, Reporter Jimenez filed a second request for an extension of time to file the reporter's record in this cause. In the request, she asks that the Court grant an extension until March 30, 2024, an additional forty-seven (47) days from her second deadline to file the record. The request is GRANTED. No further extensions to file the reporter's record in this cause will be considered by the Court. If the record is not filed by April 1, 2024, the Court will take appropriate measures to protect Appellant's rights such as ordering Reporter Jiminez to appear and show cause for the delay in filing the reporter's record, or abating this cause for a hearing to determine whether Reporter Jimenez's notes should be surrendered for another reporter to transcribe.

March 30, 2024 falls on a Saturday. Accordingly, pursuant to Rule 4 of the Texas Rules of Civil Procedure, the record in this cause would be due on April 1, 2024. Providing an additional two (2) days to file the record. Tex.R.Civ.P. 4 (controlling computation of time). In total, reporter Jiminez will have received an additional eighty (80) days from the original deadline to file the reporter's record in this cause.

IT IS SO ORDERED


Summaries of

In re D.A.T

Court of Appeals of Texas, Eighth District, El Paso
Feb 20, 2024
No. 08-23-00308-CV (Tex. App. Feb. 20, 2024)
Case details for

In re D.A.T

Case Details

Full title:IN THE INTEREST OF D.A.T., A MINOR CHILD. Appellant.

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Feb 20, 2024

Citations

No. 08-23-00308-CV (Tex. App. Feb. 20, 2024)