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In re B.A.E.

Court of Appeals of Texas, Fourth District, San Antonio

December 23, 2013

IN THE INTEREST OF B.A.E.,

From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-00095 Honorable Dick Alcala, Judge Presiding

ORDER

Luz Elena D. Chapa, Justice

This is an accelerated appeal from the trial court's November 6, 2013 order terminating appellant's parental rights. Appellant timely filed a notice of appeal on November 26, 2013, and filed a written request for a reporter's record on December 3, 2013. The request sought preparation of the record of hearings held in the case on January 23, 2013, March 8, 2013, and July 3, 2013, and of the trial held November 4 – 6, 2013. The record was due December 6, 2013. See Tex. R. App. P. 35.1(b); 35.3(b). The record has not been filed. Court reporters Angie Jimenez and L. Kayleen Rivera have each filed notices of late record, stating the record was not timely filed because they were not aware of the appeal.

We order court reporters Angie Jimenez and L. Kayleen Rivera to file the reporter's record by January 3, 2013. See Tex. R. App. P. 35.3(c) (extension of time to file record in accelerated appeal must not exceed 10 days). The record must include the hearings held in the case on January 23, 2013, March 8, 2013, and July 3, 2013, and the trial held November 4 – 6, 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").

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this ...


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