Opinion
No. 07-17-00072-CV
05-17-2017
IN THE INTEREST OF C.V., A CHILD
On Appeal from the 287th District Court Bailey County, Texas
Trial Court No. 9552, Honorable Carry Baker, Presiding
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
This order of abatement and remand is issued in the appeal of a case involving termination of parental rights, brought by a governmental entity. By order of May 10, 2017, we directed the court reporter, Shirley Headings, "to complete, certify and file the remaining reporter's record as soon as is possible, and in no event later than five o'clock p.m., Monday, May 15, 2017." Headings did not comply and has not communicated with the Court.
The Court's May 10, 2017 order recites the background that lead to our order. See In re C.V., No. 07-17-00072-CV, 2017 Tex. App. LEXIS 4303 (Tex. App.—Amarillo May 10, 2017) (per curiam, mem. op.).
Accordingly, and because a complete reporter's record has not been filed despite long delay, we abate this appeal and remand the cause to the trial court for further proceedings. On remand, the trial court shall use whatever means it finds necessary to determine the following:
See TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app. (West 2013) (courts of appeals should dispose of appeal of suit for termination of parent-child relationship within 180 days of notice of appeal); TEX. R. APP. P. 35.3(c) (trial and appellate courts jointly responsible for ensuring appellate record timely filed).
1. What tasks remain to complete the filing of the reporter's record;
2. why Shirley Headings has not completed the necessary tasks;
3. what amount of time is reasonably necessary for the completion of the tasks; and
4. whether Shirley Headings is capable of completing the tasks within the time the court finds reasonable.
Should the trial court determine that Headings will require more than three days to complete, certify, and file the remaining portions of the reporter's record it shall arrange for a substitute reporter to complete, certify, and file the reporter's record within seven days of the court's determination. See TEX. R. APP. P. 28.4(b)(1).
Following its determinations of matters required by this order, the trial court shall execute findings of fact and conclusions of law expressing its determinations, issue any orders it finds necessary, and cause its findings, conclusions, and any orders to be included in a supplemental clerk's record to be filed with the clerk of this Court by Tuesday, May 23, 2017. If, before that date, Shirley Headings completes the filing of the reporter's record, the trial court may simply report that fact to the clerk of this Court in lieu of a supplemental clerk's record.
It is so ordered.
Per Curiam