in the Interest of K.E.L., a Minor Child

• Court: Court of Appeals of Texas
• Decided: January 24, 2023
• Docket: 06-22-00084-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-22-00084-CV

IN THE INTEREST OF K.E.L., A MINOR CHILD, Appellant

On Appeal from the 5th District Court Bowie County, Texas Trial Court No. 13S0118-005

Before Stevens, C.J., van Cleef and Rambin, JJ. ORDER

Court reporter Leslie P. Bates recorded the trial court proceedings in appellate cause

number 06-22-00084-CV, styled In the Interest of K.E.L., a Minor Child, trial court cause

number 13S0118-005, in the 5th Judicial District Court of Bowie County, Texas. The reporter’s

record was originally due in this matter on December 15, 2022. That deadline was extended

once by this Court, on Bates’s motion, resulting in the most recent due date of January 17, 2023.

Bates has now filed a second motion seeking an extension of the briefing deadline.

In both her first and second motions, Bates questions whether she should be required to

produce the record in this matter at no cost to the appellant. We note that the appellant filed a

Statement of Inability to Afford Payment of Costs as required by Rule 145 of the Texas Rules of

Civil Procedure. See TEX. R. CIV. P. 145(b). There is nothing in the record before this Court to

suggest that either Bates or the district clerk moved to require the appellant to pay costs, see TEX.

R. CIV. P. 145(e)(1), or that the trial court, on its own, required further evidence from the

appellant to establish her indigence, see TEX. R. CIV. P. 145(e)(2). Thus, based on the record

before this Court, the appellant is entitled to a free record on appeal. See TEX. R. CIV P. 145;

TEX. R. APP. P. 20.1.

The Texas Rules of Appellate Procedure establish that “trial and appellate courts are

jointly responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c).

The rule further instructs that an “appellate court may enter any order necessary to ensure the

timely filing of the appellate record.” Id. In furtherance of our responsibilities established by the

2 rules, we find we must take steps to ensure that the record in this case is filed in a reasonable

amount of time.

We, therefore, abate this matter to the trial court to assist us in ensuring that the record in

this matter is filed in a reasonable amount of time and at no cost to the appellant. We instruct the

trial court to hold a hearing to establish exactly who will be preparing the reporter’s record in

this matter and to ascertain precisely when that record will be completed and filed in this Court.

We understand that Bates has retired from her court reporting duties, and we do not mandate that

she, personally, prepare this record. We do, however, instruct the trial court to take whatever

actions are necessary to ensure that the record is prepared by some qualified transcriptionist

within a reasonable time.

The hearing contemplated by this order is to be conducted within ten days of the date of

this order. The reporter’s record of the hearing shall be filed with this Court in the form of a

supplemental reporter’s record within fifteen days of the date of the hearing. All appellate

timetables are stayed and will resume on our receipt of the supplemental reporter’s record.

IT IS SO ORDERED.

BY THE COURT

Date: January 24, 2023