Fourth Court of Appeals

San Antonio, Texas

December 3, 2015

No. 04-15-00707-CV

IN THE INTEREST OF J.W.S., a Child,

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2014-PA-01875

Honorable Charles E. Montemayor, Judge Presiding

ORDER

On October 31, 2014, the trial court signed an order terminating Appellant’s rights to her

child G.C.D. On November 4, 2014, Appellant filed a notice of accelerated appeal. See TEX. R.

APP. P. 26.1(b). The reporter’s record was due on November 14, 2014. See id. R. 35.1(b). 

This court notified court reporter David Zarate that the record was late. As of today’s 

date, the record has not been filed and the court reporter has not filed a notification of late

reporter’s record. 

The children’s “need for permanence is the paramount consideration for [their] present 

and future physical and emotional needs.” See Dupree v. Tex. Dep’t of Protective & Regulatory 

Servs., 907 S.W.2d 81, 87 (Tex. App.—Dallas 1995, no writ). This court must render its 

decision “with the least possible delay,” and any further delays in obtaining the reporter’s record 

will hinder this court in its duty. See TEX. R. APP. P. 35.3(c); In re J.L., 163 S.W.3d 79, 82 (Tex. 

2005) (quoting TEX. FAM. CODE ANN. § 263.405(a) (West Supp. 2012)). 

We ORDER court reporter David R. Zarate to file the reporter’s record in this court not 

later than TEN DAYS from the date of this order. See TEX. R. APP. P. 35.3(c) (limiting an 

extension in an accelerated appeal to ten days).

If the reporter’s record is not filed as ordered, a show cause order shall issue directing 

David R. Zarate to appear on a day certain and show cause why he should not be held in 

contempt for failing to file the record. See TEX. R. APP. P. 35.3(c); see also TEX. GOV’T CODE 

ANN. § 21.002 (West 2004) (authorizing contemnor punishment up to “a fine of not more than 

$500 or confinement in the county jail for not more than six months, or both such a fine and 

confinement in jail”); Johnson v. State, 151 S.W.3d 193, 195–96 (Tex. Crim. App. 2004) (noting 

the court’s previous action holding a court reporter in contempt for “repeatedly fail[ing] to 

prepare and file the record” and “order[ing] him incarcerated . . . until the record was finished”).
The clerk of this court shall cause a copy of this order to be served on David R. Zarate by 

certified mail, return receipt requested, with delivery restricted to addressee only, or give other 

personal notice of this order with proof of delivery.

Because “[t]he trial and appellate courts are jointly responsible for ensuring that the 

appellate record is timely filed,” TEX. R. APP. P. 35.3(c), the clerk of this court is directed to 

deliver a copy of this order to the Honorable Charles Montemayor, Associate Judge of the 150th

Judicial District Court. See also TEX. R. APP. P. 28.4 (b) (providing that in appeals from orders 

terminating 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.” (emphasis added)).

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 3rd day of December, 2015.

___________________________________

Keith E. Hottle

Clerk of Court