Opinion
04-24-00224-CV
06-17-2024
IN THE INTEREST OF B.H., a Child
From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2020CI23904 Honorable Monique Diaz, Judge Presiding
ORDER
Beth Watkins, Justice
The reporter's record was originally due May 25, 2024, but was not filed. Neither appellant's notice of appeal nor his docketing statement identified the court reporter responsible for preparing the reporter's record. See Tex. Civ. Prac. & Rem. Code Ann. § 51.017(a) ("[A] notice of appeal . . . must be served on each court reporter responsible for preparing the reporter's record."). Although this court instructed appellant by letter to file an amended notice of appeal that complied with section 51.017(a), he did not do so. Nevertheless, this court's records appeared to indicate that court reporter Angie Jimenez was the court reporter associated with this case.
On May 23, 2024, this court notified Ms. Jimenez by letter that the reporter's record was late. In response to the court's letter, Ms. Jimenez indicated that she had not recorded any proceedings in this case, but that she believed Ms. Sachiko Nagao, the official court reporter for the 150th Judicial District Court, may have done so. On June 13, 2024, Ms. Nagao filed a notification of late record, stating that the reporter's record had not been filed because appellant had not contacted her to request the record or to make arrangements to pay her fee to prepare the record. Ms. Nagao also stated, however, that she did not believe she was the court reporter responsible for preparing the reporter's record in this case.
The Honorable Monique Diaz, presiding judge of the 150th Judicial District Court, signed the order challenged in this appeal.
We ORDER appellant to provide written proof to this court by June 27, 2024 that he has requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included. See Tex. R. App. P. 34.6(b)(1). Appellant's written proof must also: (1) identify the court reporter responsible for preparing the reporter's record in this case; and (2) show that appellant has paid or made arrangements to pay the court reporter's fee to prepare the record or is entitled to appeal without paying the fee. The reporter's record must be filed no later than thirty days after the date appellant's written proof is filed with this court.
If appellant fails to timely request the record in writing, appellant's brief will be due by July 17, 2024, and the court will consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c).