in the Interest A. T., a Child

Court of Appeals of Texas

in the Interest A. T., a Child

DecidedSeptember 10, 2018

Docket04-18-00613-CV

StatusPublished

This text of in the Interest A. T., a Child (in the Interest A. T., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Interest A. T., a Child, (Tex. Ct. App. 2018).

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Opinion

Fourth Court of Appeals San Antonio, Texas September 10, 2018

No. 04-18-00613-CV

IN THE INTEREST A. T., A CHILD,

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2017-PA-01707 Honorable Charles E. Montemayor, Judge Presiding

ORDER The reporter’s record was due September 7, 2018, but was not filed. This is an appeal in a parental termination matter. By statute, this appeal is accelerated and is to take precedence over other matters. TEX. FAM. CODE ANN. § 109.002(a-1) (West Supp. 2017). Strict deadlines exist with regard to disposal of appeals dealing with termination of parental rights — specifically, the appellate court must dispose of the appeal within 180 days of the date the notice of appeal is filed in the trial court. With regard to the appellate record, pursuant to Rule 35.3(c) of the appellate rules, this court may not grant an extension of more than ten days in an accelerated appeal. TEX. R. APP. P. 35.3(c). Moreover, and most importantly, extensions granted by this court “must not exceed 30 days cumulatively, absent extraordinary circumstances.” Id. R. 28.4(b)(3).

We therefore ORDER court reporter Elva Chapa to file the reporter’s record in this court on or before September 20, 2018. With regard to termination appeals, in addition to the responsibility imposed on the trial court under Rule 35.3(c) — trial court is jointly responsible for ensuring the appellate record is timely filed — the trial court must direct the official or deputy reporter to immediately commence the preparation of the reporter’s record. Id. R. 28.4(b)(1). The trial court must arrange for a substitute reporter if necessary to ensure the reporter’s record is timely filed. Id.

We further order the clerk of this court to serve a copy of this order on all counsel, the court reporter, and the trial court. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of September, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas September 10, 2018

No. 04-18-00613-CV

IN THE INTEREST A. T., A CHILD,

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2017-PA-01707 Honorable Charles E. Montemayor, Judge Presiding

ORDER The reporter’s record was due September 7, 2018, but was not filed. This is an appeal in a parental termination matter. By statute, this appeal is accelerated and is to take precedence over other matters. TEX. FAM. CODE ANN. § 109.002(a-1) (West Supp. 2017). Strict deadlines exist with regard to disposal of appeals dealing with termination of parental rights — specifically, the appellate court must dispose of the appeal within 180 days of the date the notice of appeal is filed in the trial court. With regard to the appellate record, pursuant to Rule 35.3(c) of the appellate rules, this court may not grant an extension of more than ten days in an accelerated appeal. TEX. R. APP. P. 35.3(c). Moreover, and most importantly, extensions granted by this court “must not exceed 30 days cumulatively, absent extraordinary circumstances.” Id. R. 28.4(b)(3).

We therefore ORDER court reporter Elva Chapa to file the reporter’s record in this court on or before September 20, 2018. With regard to termination appeals, in addition to the responsibility imposed on the trial court under Rule 35.3(c) — trial court is jointly responsible for ensuring the appellate record is timely filed — the trial court must direct the official or deputy reporter to immediately commence the preparation of the reporter’s record. Id. R. 28.4(b)(1). The trial court must arrange for a substitute reporter if necessary to ensure the reporter’s record is timely filed. Id.

We further order the clerk of this court to serve a copy of this order on all counsel, the court reporter, and the trial court. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of September, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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