in the Interest A.N.J.

Court of Appeals of Texas

in the Interest A.N.J.

DecidedNovember 29, 2018

Docket04-18-00728-CV

StatusPublished

This text of in the Interest A.N.J. (in the Interest A.N.J.) 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.N.J., (Tex. Ct. App. 2018).

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Opinion

Fourth Court of Appeals San Antonio, Texas November 29, 2018

No. 04-18-00728-CV

IN THE INTEREST A.N.J.,

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2017-PA-02188 Honorable Martha B. Tanner, Judge Presiding

ORDER This is an accelerated appeal of an order in a suit for termination of the parent-child relationship that must be disposed of by this court within 180 days of the date the notice of appeal was filed in the trial court. See TEX. R. JUD. ADMIN. 6.2. Appellant prematurely filed a notice of appeal, which was deemed filed October 23, 2018. Accordingly, the reporter’s record was due November 2, 2018. See TEX. R. APP. P. 26.1(b), 35.1(b). The record was not filed.

On November 8, 2018, the clerk of this court notified the court reporter, David Zarate, by letter that he is the reporter responsible for the record and that the record was late. Our letter required the record be filed by November 19, 2018. The record has not been filed and Mr. Zarate has not otherwise responded to the clerk’s letter.

We therefore order the court reporter, David Zarate, to file the reporter’s records by December 5, 2018. 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”).

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of November, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas November 29, 2018

No. 04-18-00728-CV

IN THE INTEREST A.N.J.,

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2017-PA-02188 Honorable Martha B. Tanner, Judge Presiding

ORDER This is an accelerated appeal of an order in a suit for termination of the parent-child relationship that must be disposed of by this court within 180 days of the date the notice of appeal was filed in the trial court. See TEX. R. JUD. ADMIN. 6.2. Appellant prematurely filed a notice of appeal, which was deemed filed October 23, 2018. Accordingly, the reporter’s record was due November 2, 2018. See TEX. R. APP. P. 26.1(b), 35.1(b). The record was not filed.

On November 8, 2018, the clerk of this court notified the court reporter, David Zarate, by letter that he is the reporter responsible for the record and that the record was late. Our letter required the record be filed by November 19, 2018. The record has not been filed and Mr. Zarate has not otherwise responded to the clerk’s letter.

We therefore order the court reporter, David Zarate, to file the reporter’s records by December 5, 2018. 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”).

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of November, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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