in the Interest of C.J.P., O.R.P., B.H.P., Children
This text of in the Interest of C.J.P., O.R.P., B.H.P., Children (in the Interest of C.J.P., O.R.P., B.H.P., 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.
Opinion
Order entered May 6, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00233-CV
IN THE INTEREST OF C.J.P., O.R.P., B.H.P., CHILDREN
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-19-01286-X
ORDER
The reporter’s record in this accelerated parental termination appeal is
overdue. It was requested March 18, 2022 and first due March 28, 2022. When it
had not been filed by March 30, we directed Pamela Sumler, at the time the
Official Court Reporter for the 305th Judicial District Court, to file the record
within ten days. When it had not been filed by April 19, we ordered Ms. Sumler to
file the record by April 29.
Ms. Sumler retired after this appeal was filed, and it appears she was
unaware of our April 19th order as the order was sent to her court address.
Although a copy of the order was also sent to the trial court judge and the trial court coordinator, the Court has received no communication from the trial court
concerning the record.
Given that Ms. Sumler is now retired and that the reporter’s record is more
than a month overdue, we determine the best course to ensure the record is filed
expeditiously is for the trial court to conduct a hearing at which Ms. Sumler, any
other reporter who recorded any portion of the proceedings, and a reporter
designated by the trial court and who is able to prepare and file the record no later
than May 23, 2022 shall be present. The trial court shall hold the hearing no later
than May 13, 2022 and shall file written findings as to whether the portion of the
proceedings designated by appellant in his March 18 request can be transcribed
and whether the requested exhibits can be included in the record. If any portion of
the proceedings cannot be transcribed and/or any requested exhibit cannot be
included, the trial court shall determine the reason for that. The trial court shall
also determine whether the missing portion and/or exhibit are necessary to the
resolution of the appeal and can be replaced by agreement. See TEX. R. APP. P.
34.6(f). The trial court shall provide the reporters and parties a minimum forty-
eight hours’ notice of the hearing.
The trial court’s written findings shall be filed in a supplemental clerk’s
record no later than May 16, 2022. A reporter’s record of the hearing shall also
be filed no later than May 16, 2022. We DIRECT the Clerk of the Court to send a copy of this order to the
Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District
Court; Dallas County District Clerk Felicia Pitre; Tracie Broadnax, Court
Coordinator for the 305th Judicial District Court; Ms. Sumler; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to conduct the
hearing. The appeal will be reinstated no later than May 19, 2022.
/s/ ROBBIE PARTIDA-KIPNESS JUSTICE
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