Opinion
No. 04-13-00816-CV
12-06-2013
IN THE INTEREST OF A.M.L., A CHILD
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 12-11-21526-CV
Honorable Thomas F. Lee, Judge Presiding
ORDER
This is an accelerated appeal from the trial court's order of termination signed November 12, 2013. See TEX. FAM. CODE ANN. § 263.405(a) (West Supp. 2013). The notice of appeal was filed November 13, 2013. Accordingly, the reporter's record was due ten days later on November 25, 2013. See TEX. R. APP. P. 4.1(a), 26.1(b), 35.1(b). The record has not been filed.
With regard to parental termination accelerated appeals, Rule 28.4(b)(2) specifically states that although this court may grant the court reporter an extension of time, "the extensions granted must not exceed thirty days cumulatively, absent extraordinary circumstances." TEX. R. APP. P. 28.4(b)(2). The record is already more than ten days overdue, and no notice of late record has been filed. We therefore ORDER the reporter to file the record in this case on or before December 16, 2013.
If the reporter is unable to perform her duties and complete the record in a timely manner, she must take whatever steps are necessary, including requesting a substitute reporter or hiring competent assistance, to file the record by the date ordered. See TEX. R. APP. P. 28.4(b)(1) ("In addition to the responsibility imposed on the trial court in Rule 35.3(c), when the reporter's responsibility to prepare, certify and timely file the reporter's record arises under Rule 35.3(b), 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.").
We order the clerk of this court to serve a copy of this order on all counsel, the court reporter, and the trial court.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of December, 2013.
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Keith E. Hottle
Clerk of Court