Opinion
13-24-00418-CV
11-19-2024
IN THE INTEREST OF A.A.C., B.R.C., AND D.L.C. II, CHILDREN
ON APPEAL FROM THE 267TH DISTRICT COURT OF GOLIAD COUNTY, TEXAS
Before Chief Justice Contreras and Justices Benavides and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on the court reporter's failure to file the reporter's record. The reporter's record was originally due on September 19, 2024. On September 18, 2024, court reporter Jennifer Karl requested, and this Court granted, an extension of time to file the reporter's record due to appellant's failure to request the reporter's record and for nonpayment. See Tex. R. App. P. 28.4(b)(2), 35.3(c). On September 26, 2024, the case was abated to determine whether the appellant is indigent and entitled to a free appellate record. On October 24, 2024, a hearing was held and the trial court found appellant to be indigent.
On November 4, 2024, the court reporter filed another request for extension of time to file the reporter's record. Karl stated that "To [her] knowledge this case was in AG Court on the date the appellant requested." She attached correspondence sent to appellant informing her that she was not present on January 31, 2024, the date of the hearing. Furthermore, the Clerk of the Court communicated with the district clerk's office that the requested reporter's record was a hearing held in child support court on January 31, 2024. The district clerk's office was not able to identify which, if any, court reporter was present at the hearing held on January 31, 2024.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See id. R. 35.3 (b), (c). Accordingly, this appeal is abated, and the cause remanded to the trial court. The trial court shall cause a hearing to be held to determine if a reporter's record exists in this matter. Furthermore, the trial court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f), if necessary. See id. R. 34.6(f). Otherwise, the trial court shall determine what, if any, steps are necessary to ensure the prompt preparation of a reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.