IN THE

TENTH COURT OF APPEALS

No. 10-16-00281-CV

IN THE INTEREST OF A.S., J.S., A.S., AND D.S., CHILDREN

From the County Court at Law

Bosque County, Texas

Trial Court No. CV15247

A B A T E M E N T O RDER

The reporter's record in this appeal was originally due on September 2, 2016. In a 

letter dated September 14, 2016, the Clerk of this Court notified the court reporter, Sarah 

Mae Blackburn, that the reporter's record had not been filed. In response to the Clerk’s 

letter, the Court learned that a different reporter, Mel Power, was responsible for the 

record in this appeal. In a letter dated September 15, 2016, Power requested an extension 

of time until September 27, 2016 to prepare and file the reporter's record. The Court 

granted the requested extension, but the reporter's record was not timely filed. In a letter 

dated October 27, 2016, Power requested a second extension of time until November 21, 

2016 to prepare and file the reporter's record. The Court granted the requested extension, 
In the Interest of A.S., J.S., A.S., and D.S., Children Page 2

but the reporter's record has not been timely filed. 

It is the joint responsibility of this Court and the trial court to ensure that the 

appellate record is timely filed. TEX. R. APP. P. 28.4(b), 35.3(c). Further, this Court may 

enter any order necessary to ensure the timely filing of the appellate record. Id. 35.3(c). 

Because appeals in parental termination cases are accelerated appeals with extremely 

short deadlines promulgated by the Supreme Court of Texas, see TEX. R. APP. P. 28.4; TEX.

R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app. (West Supp. 

2012), we cannot delay in ensuring that the appellate record is timely filed.

This appeal is ORDERED abated to the trial court to hold a hearing as soon as 

practicable but not later than 7 days after the date of this Order to determine:

(1) The reasons why the reporter's record is late; and

(2) A date certain when the reporter's record can reasonably be transcribed 

into written form and filed in a manner that does not further delay the 

prosecution of this appeal or have the practical effect of depriving 

appellants of their right to appeal.

The trial court must order Mel Power to file the record by the date determined. 

Further, the trial court must inform Power of the consequences of failing to file the record 

by the date determined and ordered. Those consequences include:

(1) abating the proceeding again to the trial court for a contempt of court 

hearing;

(2) imposing a lump sum monetary fine;

(3) imposing a daily fine for each day the record is late beyond the date 

previously determined by the trial court; and
In the Interest of A.S., J.S., A.S., and D.S., Children Page 3

(4) confinement in jail until the record is completed.

The trial court shall require the hearing to be transcribed. To the extent necessary 

or pertinent to obtaining compliance with the rules regarding preparation of the 

reporter's record, the trial court must: (1) prepare findings of fact and conclusions of law 

addressing the above issues; (2) require the preparation of a supplemental clerk's record 

containing its findings of fact and conclusions of law and all orders it may issue as a result 

of its hearing in the matter; and (3) require the preparation of a reporter's record 

transcribing the evidence and arguments presented at the aforementioned hearing. 

Additionally, the trial court's findings and orders must be provided to the trial court clerk 

within 7 days from the date of the hearing.

The trial court clerk is ORDERED to prepare and file a supplemental clerk's record 

containing the written findings and orders of the trial court in this Court within 14 days 

from the date of the hearing.

Further, the trial court's official reporter is ORDERED to prepare and file with the 

Clerk of this Court a record of the hearing held within 14 days from the date of the 

hearing.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal abated

Order issued and filed December 7, 2016