Fourth Court of Appeals

San Antonio, Texas

January 25, 2017

No. 04-16-00744-CV

IN THE INTEREST OF S.J.J. AND C.M.J., Children,

From the 407th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-PA-02907

Honorable Peter A. Sakai, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice 

Marialyn Barnard, Justice

This is an accelerated appeal of the trial court’s order terminating appellant’s parental 

rights. On January 19, 2017, we ordered Mr. Craig Carter, the court reporter responsible for 

preparing one of the records in this appeal, to file the reporter’s record on or before January 30, 

2017. See TEX. R. APP. P. 35.1(b) (requiring a reporter’s record in an accelerated appeal to be 

filed within ten days). On January 23, 2017, Mr. Carter filed a notification of late reporter’s 

record requesting an extension to February 28, 2017. 

Texas Rule of Appellate Procedure 35.1(b) requires a court reporter to file a reporter’s 

record in an accelerated appeal within ten days. TEX. R. APP. P. 35.1(b). Further, with regard to 

parental termination accelerated appeals, Rule 28.4(b)(2) states that while we may grant the court 

reporter an extension of time, “the extension or extensions granted must not exceed 30 days 

cumulatively, absent extraordinary circumstances.” TEX. R. APP. P. 28.4(b)(2). Mr. Carter states 

in his notification that his “other duties or activities preclude [him] from working on the record.” 

We do not consider working on other appeals an extraordinary circumstance. Although we 

understand there are competing demands on the court reporter’s time, these demands do not 

constitute extraordinary circumstances and cannot justify lengthy delays in filing the record and 

potential prejudice to appellant’s rights. 

We therefore GRANT IN PART AND DENY IN PART the motion for extension of time 

and ORDER Mr. Craig Carter to file the record by February 20, 2017. NO FURTHER 

EXTENSIONS WILL BE GRANTED. If Mr. Carter is unable to perform all his duties and 

complete the record in a timely manner, he must take whatever steps are necessary, including 

requesting a substitute reporter or hiring competent assistance, to file the record by the date 

ordered. See TEX. R. APP. P. 28.4(b)(1) (“In addition to the responsibility imposed on the trial 

court in Rule 35.3(c), when the reporter’s responsibility to prepare, certify and timely file the 
reporter’s record arises under Rule 35.3(b), 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.”). If the record is not filed by the date ordered, 

we will order Mr. Carter to appear and show cause why he should not be held in contempt. 

We further ORDER the Clerk of this Court to serve a copy of this order on Mr. Carter by 

first class United States mail and by certified mail, return receipt requested. We also ORDER the 

Clerk of this Court to serve a copy of this order on the trial court. See TEX. R. APP. P. 28.4(b)(1); 

35.3(c).

It is so ORDERED on this 25th day of January 2016

PER CURIAM

ATTESTED TO: __________________________

Keith E. Hottle

Clerk of Court