Opinion
No. 04-16-00256-CV
05-19-2016
IN THE INTEREST OF D.M.P., ET AL., CHILDREN
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-PA-00757
Honorable Charles E. Montemayor, Judge Presiding
ORDER
The trial court's April 7, 2016 order terminated Appellant's rights to his children who are the subject of this suit. On April 25, 2016, Appellant filed a notice of accelerated appeal. See TEX. R. APP. P. 26.1(b). The reporter's record was due on May 5, 2016. See id. R. 35.1(b).
On May 11, 2016, this court notified court reporter David Zarate that the record was late. On May 13, 2016, the court reporter filed a notification of late reporter's record and requested an extension of time to file the record until May 23, 2016.
The children's "need for permanence is the paramount consideration for [their] present and future physical and emotional needs." See Dupree v. Tex. Dep't of Protective & Regulatory Servs., 907 S.W.2d 81, 87 (Tex. App.—Dallas 1995, no writ). This court must render its decision "with the least possible delay," and any further delays in obtaining the reporter's record will hinder this court in its duty. See TEX. R. APP. P. 35.3(c); In re J.L., 163 S.W.3d 79, 82 (Tex. 2005) (quoting TEX. FAM. CODE ANN. § 263.405(a) (West Supp. 2012)).
We ORDER court reporter David R. Zarate to file the reporter's record in this court not later than May 23, 2016. See TEX. R. APP. P. 35.3(c) (limiting an extension in an accelerated appeal to ten days).
If the reporter's record is not filed as ordered, a show cause order shall issue directing David R. Zarate to appear on a day certain and show cause why he should not be held in contempt for failing to file the record. See TEX. R. APP. P. 35.3(c); see also TEX. GOV'T CODE ANN. § 21.002 (West 2004) (authorizing contemnor punishment up to "a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail"); Johnson v. State, 151 S.W.3d 193, 195-96 (Tex. Crim. App. 2004) (noting the court's previous action holding a court reporter in contempt for "repeatedly fail[ing] to prepare and file the record" and "order[ing] him incarcerated . . . until the record was finished").
The clerk of this court shall cause a copy of this order to be served on David R. Zarate by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery.
Because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," TEX. R. APP. P. 35.3(c), the clerk of this court is directed to deliver a copy of this order to the Honorable Charles Montemayor, Associate Judge of the 150th Judicial District Court. See also TEX. R. APP. P. 28.4 (b) (providing that in appeals from orders terminating parental rights, "the trial court must direct the official or deputy reporter to immediately commence the preparation of the reporter's record. The trial court must arrange for a substitute reporter, if necessary." (emphasis added)).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court