Opinion
13-23-00585-CR
02-16-2024
IN THE INTEREST OF A.C.G., A CHILD.
On appeal from the 23rd District Court of Matagorda County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court regarding preparation of the reporter's record. The reporter's record was due to be filed on or before December 27, 2023. It is unclear which court reporter was assigned to this matter at the trial court.
Appellant's docketing statement indicated John Shaver is the court reporter assigned to this matter. The Certificate of Service in the notice of appeal indicates John Shaver was the court reporter who reported the evidence. On February 7, 2024, this court ordered court reporters Jennifer Hall and John Shaver to file the reporter's record by February 9, 2024. The reporter's record has not been filed.
On February 14, 2023, court reporter Jennifer Hall filed a notification indicating that she was not the court reporter assigned on this matter and it was unclear who the reporter was at the termination hearing. This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve appellant's rights. Accordingly, this appeal is abated, and the cause is remanded to the trial court.
Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether a reporter was present during the hearings and or trials at issue in this appeal; (2) which court reporter is responsible for preparing such a reporter's record, if any; and (3) if any other orders are necessary to ensure the timely preparation of the reporter's record.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental clerk's and supplemental reporter's record of any proceedings to be prepared. The clerk's record and reporter's record shall be filed with the Clerk of this Court within seven days from the date of this order.