Opinion
No. 04-13-00594-CV
2013-09-26
IN THE INTEREST OF J.R.P.R., A.A., AND R.F. III.
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-01485
Honorable Richard Garcia, Judge Presiding
ORDER
This is an accelerated appeal of the trial court's order terminating appellants' parental rights. The reporter's record was due August 26, 2013. See TEX. R. APP. P. 35.1(b) (requiring a reporter's record in an accelerated appeal to be filed within ten days). Angie R. Jimenez and L.E. Gaskey are the court reporters responsible for preparing the records in this appeal. Neither have filed the record.
Texas Rule of Appellate Procedure 35.1(b) requires a court reporter to file a reporter's record in an accelerated appeal within ten days. TEX. R. APP. P. 35.1(b). Further, with regard to parental termination accelerated appeals, Rule 28.4(b)(2) states that while we may grant the court reporter an extension of time, "the extension or extensions granted must not exceed 30 days cumulatively, absent extraordinary circumstances." TEX. R. APP. P. 28.4(b)(2).
Ms. Jimenez is hereby ORDERED to file her portion of the reporter's record no later than September 30, 2013. No further extensions of time will be granted absent extraordinary circumstances. If Ms. Jimenez is unable to perform all 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."). If the record is not filed by the date ordered, we will order Ms. Jimenez to appear and show cause why she should not be held in contempt.
We further ORDER the Clerk of this Court to serve a copy of this order on Ms. Jimenez by first class United States mail and by certified mail, return receipt requested. We also ORDER the Clerk of this Court to serve a copy of this order on the Honorable Karen Pozza and the Honorable Richard Garcia. See TEX. R. APP. P. 28.4(b)(1); 35.3(c).
Mr. Gaskey is hereby ORDERED to file his portion of the reporter's record no later than September 30, 2013. No further extensions of time will be granted absent extraordinary circumstances. If Mr. Gaskey is unable to perform all his duties and complete the record in a timely manner, he 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."). If the record is not filed by the date ordered, we will order Mr. Gaskey to appear and show cause why he should not be held in contempt.
We further ORDER the Clerk of this Court to serve a copy of this order on Mr. Gaskey by first class United States mail and by certified mail, return receipt requested. We also ORDER the Clerk of this Court to serve a copy of this order on the Honorable Karen Pozza and the Honorable Richard Garcia. See TEX. R. APP. P. 28.4(b)(1); 35.3(c).
Because Mr. Gaskey has retired and because this court has in the past been unable to communicate with him, we urge the trial court to contact Mr. Gaskey upon receipt of this order and ensure Mr. Gaskey's timely compliance. It is so ORDERED on September 26, 2013.
PER CURIAM ATTESTED TO: ________
Keith E. Hottle
Clerk of Court