in the Interest of J.C., a Child ( 2022 )

Order entered February 18, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00043-CV
IN THE INTEREST OF J.C., A CHILD
On Appeal from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JC-20-00975-X
ORDER
This accelerated appeal from a final order in a child protection case was filed
January 11, 2022. The reporter’s record was requested by Mother, who is entitled
to proceed without costs, on January 28, 2022 and was due to be filed February 7,
2022. When it had not been filed by February 8, we ordered it filed by February
10, 2022. To date, it has not been filed but by letter filed February 17, 2022, court
reporter Pamela Sumler requests an extension, explaining the two weeks between
the date the record was requested and the extended deadline was insufficient to
prepare the record of the “full day” trial.
Under the rules of appellate procedure, the appellate record in an accelerated
appeal is due within ten days of the later of (1) the notice of appeal being filed, (2)
the request that the record be prepared, or (3) payment arrangements or a showing
of entitlement to proceed without costs being made. See TEX. R. APP. P. 35.1(b),
35.3(b). Additionally, in parental termination and child protection cases,
preparation of the record must commence immediately upon the later of the above-
listed events occurring and, absent extraordinary circumstances, must be filed with
no more than thirty days of extensions. See id. 28.4(b)(1),(2). Accordingly, we
GRANT the request and ORDER the record be filed no later than February 28,
2022. We caution Ms. Sumler that further extensions will not be granted absent
exigent circumstances. To ensure the record is filed by February 28, the trial
court must arrange for a substitute reporter if necessary. See id. 28.4(b)(1).
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; Ms. Sumler; and, the parties.
/s/ CRAIG SMITH
JUSTICE