in the Interest of C.A.C., S.Y.C., K.G.C. and M.E.C., Children

Court of Appeals of Texas

in the Interest of C.A.C., S.Y.C., K.G.C. and M.E.C., Children

DecidedMay 22, 2012

Docket14-12-00396-CV

StatusPublished

This text of in the Interest of C.A.C., S.Y.C., K.G.C. and M.E.C., Children (in the Interest of C.A.C., S.Y.C., K.G.C. and M.E.C., Children) 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.

Bluebook

in the Interest of C.A.C., S.Y.C., K.G.C. and M.E.C., Children, (Tex. Ct. App. 2012).

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Opinion

Abatement Order filed May 22, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00396-CV ____________

IN THE INTEREST OF C.A.C, S.Y.C., K.G.C., and M.E.C., Children

On Appeal from the 313th District Court Harris County, Texas Trial Court Cause No. 2009-05044J

ABATEMENT ORDER

This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue (“parental termination case"). The notice of appeal was filed April 20, 2012. Appellant has established indigence or is presumed to be indigent. See Tex. R. App. P. 20.1(a). The reporter’s record was due within 10 days after the notice of appeal was filed. See Tex. R. App. P. 35.1(b); 28.4(a)(1). The record has not been filed.

Appeals in parental termination cases and child protection cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a) (eff. May 1, 2012). The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). The trial court must direct the court reporter to immediately commence the preparation of the reporter’s record and must arrange for a substitute reporter, if necessary. See Tex. R. App. P. 28.4(b)(1).

Because the reporter’s record has not been filed timely in this accelerated appeal, we issue the following order:

We direct the judge of the 313th District Court to immediately conduct a hearing at which the court reporter, appellant’s counsel, and appellee’s counsel shall participate (a) to determine the reason for the failure to file the record; (b) to establish a date certain when the reporter’s record will be filed, and (c) to make findings as to whether the court reporter should be held in contempt of court for failing to file the reporter’s record timely as ordered. We order the court to prepare a record, in the form of a reporter’s record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk’s record containing the findings and conclusions. The hearing record and supplemental clerk’s record shall be filed with the clerk of this court on or before June 1, 2012.

The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the trial court’s findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.

PER CURIAM

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Abatement Order filed May 22, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00396-CV ____________

IN THE INTEREST OF C.A.C, S.Y.C., K.G.C., and M.E.C., Children

On Appeal from the 313th District Court Harris County, Texas Trial Court Cause No. 2009-05044J

ABATEMENT ORDER

This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue (“parental termination case"). The notice of appeal was filed April 20, 2012. Appellant has established indigence or is presumed to be indigent. See Tex. R. App. P. 20.1(a). The reporter’s record was due within 10 days after the notice of appeal was filed. See Tex. R. App. P. 35.1(b); 28.4(a)(1). The record has not been filed.

Appeals in parental termination cases and child protection cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a) (eff. May 1, 2012). The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). The trial court must direct the court reporter to immediately commence the preparation of the reporter’s record and must arrange for a substitute reporter, if necessary. See Tex. R. App. P. 28.4(b)(1).

Because the reporter’s record has not been filed timely in this accelerated appeal, we issue the following order:

We direct the judge of the 313th District Court to immediately conduct a hearing at which the court reporter, appellant’s counsel, and appellee’s counsel shall participate (a) to determine the reason for the failure to file the record; (b) to establish a date certain when the reporter’s record will be filed, and (c) to make findings as to whether the court reporter should be held in contempt of court for failing to file the reporter’s record timely as ordered. We order the court to prepare a record, in the form of a reporter’s record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk’s record containing the findings and conclusions. The hearing record and supplemental clerk’s record shall be filed with the clerk of this court on or before June 1, 2012.

The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the trial court’s findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.

PER CURIAM

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in the Interest of C.A.C., S.Y.C., K.G.C. and M.E.C., Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-cac-syc-kgc-and-mec-children-texapp-2012.