Opinion
No. 04-13-00696-CV
11-06-2013
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, who is indigent, timely filed a notice of appeal on October 2, 2013. Accordingly, the record was due October 14, 2013. See TEX. R. APP. P. 26.1(b), 35.1(b).
On October 22, 2013, after an order from this court, court reporter Delcine Benavides filed the record of trial proceedings held September 19, 2013. However, the record of the parts of the trial conducted on August 29, 2013 and September 12, 2013, which were reported by David Zarate, have not been filed. The record is therefore incomplete.
We order David Zarate to file the reporter's record by November 13, 2013. The court will not grant any further extension of time to file the record in the absence of a showing of extraordinary circumstances that prevent the timely filing of the record and reasonable assurance the record will be completed and filed by the requested extended deadline.
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 further 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 6th day of November, 2013.
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Keith E. Hottle
Clerk of Court