Opinion
No. 04-16-00271-CV
06-21-2016
IN THE INTEREST OF J.A.P. AND B.A.R., CHILDREN
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2015PA00857
Honorable Richard Garcia, Judge Presiding
ORDER
An associate judge signed an order of parental termination on April 8, 2016. Appellant father timely requested a de novo hearing. The trial court affirmed the termination order by order dated May 4, 2016. Accordingly, the clerk's and reporter's records were due May 14, 2016. The clerk's record was filed May 4, 2016, and a supplemental clerk's record was filed May 6, 2016. A reporter's record from the trial before the magistrate judge was filed May 23, 2016. Assuming the record was complete, this court set an appellant's brief due date for June 13, 2016. Neither the brief nor a motion for extension of time to file the brief was filed.
On June 16, 2016, this court rendered an order requiring appellant to file his brief on or before July 6, 2016, or this court would abate the appeal and remand the matter to the trial court for an abandonment hearing. In response, appellant filed a motion to extend time to file the brief, stating the reporter's record from the de novo hearing was never filed and appellate counsel was unsure if appellant's trial counsel had in fact requested the record from the de novo hearing. Appellant asks that we grant an extension to time to file the brief until twenty days after the date the reporter's record from the de novo hearing is filed.
Based on the foregoing, we ORDER court reporter Erminia Uviedo, who appellant has identified as the reporter who transcribed the May 4, 2016 de novo hearing, to file the reporter's record from the de novo hearing in this court on or before FRIDAY, JULY 1, 2016. The court reporter is reminded that, by statute, this appeal is accelerated, and is to take precedence over other matters. TEX. FAM. CODE ANN. § 109.002(a) (West 2014). The reporter is further reminded that the reporter's record is currently more than thirty days late, and that strict deadlines exist with regard to disposal of appeals dealing with termination of parental rights. 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. TEX. R. APP. P. 28.4(b). The court reporter is advised that if she did not transcribe the May 4, 2016, de novo hearing, she is to advise this court of that fact in writing on or before 5:00 p.m. on Friday, June 24, 2016.
Further, we GRANT appellant's motion for extension of time and ORDER appellant to file his brief in this court twenty days after the date the reporter's record from the de novo hearing is filed in this court.
We order the clerk of this court to serve a copy of this order on all counsel and court reporter Erminia Uviedo.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of June, 2016.
/s/_________
Keith E. Hottle
Clerk of Court