in the Interest of S.M.H., Children

Court of Appeals of Texas

in the Interest of S.M.H., Children

DecidedMay 17, 2019

Docket04-19-00242-CV

StatusPublished

This text of in the Interest of S.M.H., Children (in the Interest of S.M.H., 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 S.M.H., Children, (Tex. Ct. App. 2019).

Pincite

Opinion

Fourth Court of Appeals San Antonio, Texas May 17, 2019

No. 04-19-00242-CV

IN THE INTEREST OF S.M.H., ET AL., CHILDREN,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2018PA01398 Honorable Charles E. Montemayor, Judge Presiding

ORDER This is an accelerated appeal of an order in a suit for termination of the parent-child 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 timely filed notice of appeal on April 18, 2019. Accordingly, the record was due April 29, 2019. See TEX. R. APP. P. 26.1(b), 35.1(b). Because the record was not filed by the due date, the clerk of this court notified the court reporter, Elva Chapa, by letter that she is the reporter responsible for the record and that the record was late. See TEX. R. APP. P. 37.3(a). Our letter required the record be filed by May 13, 2019. The record has not been filed.

We order the court reporter, Elva Chapa, to file the reporter’s record by May 24, 2019. 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 17th day of May, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

Free access — add to your briefcase to read the full text and ask questions with AI

Fourth Court of Appeals San Antonio, Texas May 17, 2019

No. 04-19-00242-CV

IN THE INTEREST OF S.M.H., ET AL., CHILDREN,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2018PA01398 Honorable Charles E. Montemayor, Judge Presiding

ORDER This is an accelerated appeal of an order in a suit for termination of the parent-child 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 timely filed notice of appeal on April 18, 2019. Accordingly, the record was due April 29, 2019. See TEX. R. APP. P. 26.1(b), 35.1(b). Because the record was not filed by the due date, the clerk of this court notified the court reporter, Elva Chapa, by letter that she is the reporter responsible for the record and that the record was late. See TEX. R. APP. P. 37.3(a). Our letter required the record be filed by May 13, 2019. The record has not been filed.

We order the court reporter, Elva Chapa, to file the reporter’s record by May 24, 2019. 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 17th day of May, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

Cite This Page — Counsel Stack

Bluebook (online)

in the Interest of S.M.H., Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-smh-children-texapp-2019.