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In re I.V.G.

Fourth Court of Appeals San Antonio, Texas
Feb 6, 2018
No. 04-17-00786-CV (Tex. App. Feb. 6, 2018)

Opinion

No. 04-17-00786-CV

02-06-2018

IN THE INTEREST OF I.V.G. AND I.J.F.


From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-EM5-07068
Honorable Nick Catoe Jr., Judge Presiding

ORDER

The underlying case was referred to an Associate Judge by the 288th Judicial District Court of Bexar County, Texas. On November 14, 2017, Associate Judge Nick Catoe signed an order establishing the parent-child relationship between Joshua Ian Fusilier and the children I.V.G. and I.J.F. Jr. The order states a record of the trial court proceedings was made by audio recording. The order was not appealed to the referring court and therefore it became the order of the 288th Judicial District Court by operation of law. See TEX. FAM. CODE ANN. § 201.1041(a) (West 2014). On November 29, 2017, Fusilier filed a notice of appeal that included a request for a free record, and he subsequently filed a Statement of Inability to Afford Payment of Court Costs. No objection to the Statement was filed.

The recorder's record was due February 5, 2018. On February 1, 2018, the Associate Judge filed a notification of late record, requesting an extension of time until March 8, 2018 to file the recorder's record.

We grant the motion. We order the recorder's record and transcript of the recording due March 8, 2018. The recorder's record must contain certified copies of the audio recording and logs of the proceedings (see TEX. R. APP. P. 13.2(b), 34.6(a)(2)), and "[a]ll exhibits, arranged in numerical order and firmly bound together so far as practicable, with a list in numerical order and a brief identifying description of each." RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF COURT PROCEEDINGS BY ELECTRONIC RECORDING Rule 3 (Bexar Co. Misc. Docket No. 90-0017, Nov. 9, 1990). In addition, because appellant is indigent, the official recorder must have the recording of the proceedings transcribed and filed. RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF COURT PROCEEDINGS BY ELECTRONIC RECORDING Rule 8.

We further order the clerk of this court to send copies of this order to the Associate Judge, the Associate Judge's Court Coordinator, and the presiding judge of the 288th Judicial District Court, Bexar County, Texas.

/s/_________

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 February, 2018.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

In re I.V.G.

Fourth Court of Appeals San Antonio, Texas
Feb 6, 2018
No. 04-17-00786-CV (Tex. App. Feb. 6, 2018)
Case details for

In re I.V.G.

Case Details

Full title:IN THE INTEREST OF I.V.G. AND I.J.F.

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 6, 2018

Citations

No. 04-17-00786-CV (Tex. App. Feb. 6, 2018)