Opinion
No. 04-14-00516-CV
08-25-2014
IN THE INTEREST OF J.O. AND A.O., CHILDREN,
From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-02019
Honorable Charles E. Montemayor, Judge Presiding
ORDER
The reporter's record was due August 1, 2014, but neither the record nor a notification of late record was filed. Accordingly, on August 6, 2014, we rendered an order requiring the court reporter, David R. Zarate, to file the reporter's record on or before August 18, 2014. In our order, we reminded the court reporter that, by statute, this appeal is accelerated and is to take precedence over other matters. See TEX. FAM. CODE ANN. § 109.002(a) (West 2014). We also advised the reporter that strict deadlines exist with regard to disposal of appeals dealing with termination of parental rights. Specifically, with regard to the appellate record, appellate courts may not grant more than 30 days cumulatively with regard to extensions of time for the reporter's record in a termination appeal. TEX. R. APP. P. 28.4(b)(2). Despite our order, neither the record nor a notification of late record was filed.
Accordingly, we again ORDER David R. Zarate, the court reporter, to file the reporter's record on or before September 4, 2014. Mr. Zarate is advised that if the record is not received by this date, we may order him to appear and show cause why he should not be held in contempt. Mr. Zarate is further advised that no extensions of time will be granted absent written proof of extraordinary circumstances.
We further order the clerk of this court to serve this order on DAVID R. ZARATE by certified mail, return receipt requested, and by first class United States mail in addition to the usual methods of service. Moreover, because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," TEX. R. APP. P. 35.3(c), we also order the clerk of this court to serve a copy of this order on the trial court. Pursuant to Rule 28.4(b), the trial court is required to direct the responsible reporter to immediately commence the preparation of the record once an appeal is filed, and if necessary, arrange for a substitute reporter to allow the responsible reporter to complete the record relating to the termination. TEX. R. APP. P. 28.4(b)(1).
Finally, we order the clerk of this court to serve a copy of this order on all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of August, 2014.
/s/_________
Keith E. Hottle
Clerk of Court