Opinion
No. 04-13-00696-CV
2013-10-17
IN THE INTEREST OF J.R.R. ET AL CHILDREN
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-02174
Honorable Charles E. Montemayor, Judge Presiding
ORDER
This is an accelerated appeal from the trial court's September 19, 2013 order terminating appellant's parental rights. Appellant timely filed notice of appeal on October 2, 2013. Accordingly, the record was due Monday, October 14, 2013. See TEX. R. APP. P. 26.1(b), 35.1(b).
On October 8, court reporter Delcine M. Benavides filed a notice, stating the record would not be timely filed because she had not received proper notice of the appeal. The notice did not indicate when Ms. Benavides anticipated filing the record.
It is apparent that Ms. Benavides has had notice of this appeal at least since October 8. We grant Ms. Benavides and extension of ten days from the original due date, and order the reporter's record due October 24, 2013. See TEX. R. APP. P. 35.3(c) (extension of time to file record in accelerated appeal must not exceed 10 days).
Because this is an appeal from the termination of parental rights, "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." TEX. R. APP. P. 28.4(b)(1). We therefore order the clerk of this court to serve a copy of this order on the trial court. See TEX .R. APP. P. 35.3(c) ("[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed").
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Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of October, 2013.
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Keith E. Hottle
Clerk of Court