Fourth Court of Appeals

San Antonio, Texas

April 10, 2014

No. 04-13-00665-CV

IN THE INTEREST OF R.S.D. a child,

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2012-PA-00894

Honorable H. Paul Canales, Judge Presiding

ORDER

This accelerated appeal was abated to the trial court on February 3, 2014 for the purpose 

of holding a hearing and making a determination of the date on which appellant or her attorney 

first either (i) received the district clerk’s notice of the signed judgment or (ii) acquired actual 

knowledge of the signed judgment. See TEX. R. APP. P. 4.2(a), (c) (extending the appellate 

timetable for perfecting an appeal due to lack of notice of the signing of the judgment); TEX. R.

CIV. P. 306a(4). Our abatement order instructed the trial court to require appellant’s appointed 

attorney, Mr. David Kaliski, to appear at the hearing; a copy of our order was also sent to Mr. 

Kaliski. The supplemental record shows the trial court notified Mr. Kaliski of the February 26, 

2014 hearing date, but he failed to appear at the hearing. In addition, despite the trial court’s 

order that arrangements be made to permit appellant, who is incarcerated, to appear at the 

hearing by audio or video, appellant was not present at the hearing. At the conclusion of the 

hearing at which only the attorney ad litem for the child and attorney for the Department of 

Family and Protective Services appeared and participated, the trial court stated on the record that 

it would continue the hearing to another date so that appellant and Mr. Kaliski could participate.

Subsequently, the trial court entered partial findings of fact on March 3, 2014 and March 

12, 2014, finding that: (1) the trial on the merits was heard on June 21, 2013 and judgment was 

orally rendered in open court at the conclusion of the trial that day; (2) all parties and their 

attorneys were present in person or by telephone at the trial; (3) the final judgment was signed on 

July 17, 2013; (4) the district clerk sent written notice of the signing of the judgment pursuant to 

Rule 306a(3) to all the attorneys of record, including Mr. Kaliski, on July 18, 2013; (5) the 

district clerk sent two written notices of the signing of the judgment to appellant on July 18, 

2013; and (6) the attorney ad litem for the child received the notice of judgment in July 2013. 

The trial court noted that it was unable to determine if the written notice of judgment was 

actually received by appellant or her attorney, Mr. Kaliski, and stated it would schedule another 

hearing in which appellant and her attorney could participate.

In view of the incomplete nature of the record and the court’s findings, the trial court is 

ORDERED to set another hearing on this matter as soon as practicable and to take appropriate 
steps to ensure that appellant participates in the hearing either in person or by audio/video. 

Appellant’s current address is: Tamara Bramlett, #1806738, Lockhart Facility 3E-102, P.O. Box 

1170, Lockhart, Texas 78644. However, appellant has recently notified this court that she is 

being paroled and is scheduled to be released sometime between now and April 28, 2014. 

Appellant’s home address after her release on parole will be: 3609 W. Joby, Apt. 2, Edinburg, 

Texas 78541.

It is further ORDERED that attorney of record for appellant, Mr. David Kaliski, MUST

APPEAR at the hearing on this matter in the trial court. If DAVID KALISKI fails to appear at 

the hearing, he will be ordered to appear and show cause in this Court why he should not 

be held in civil or criminal contempt or otherwise sanctioned. The Clerk of this Court is 

instructed to send a copy of this order to DAVID KALISKI by certified mail, return receipt 

requested.

It is further ORDERED that the trial court clerk prepare and file a supplemental clerk’s 

record containing the trial court’s written findings concerning the date when appellant or her 

attorney first either received notice or acquired actual knowledge that the judgment was signed 

pursuant to TEX. R. APP. P. 4.2(c), and the court reporter prepare and file a reporter’s record of 

the hearing, in this Court within thirty (30) days from the date of this order. All other appellate 

deadlines are suspended pending further order of the court.

_________________________________

Rebeca C. Martinez, Justice

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

court on this 10th day of April, 2014.

___________________________________

Keith E. Hottle

Clerk of Court