In the Interest of C.J.P., O.R.P., B.H.P., Children

Summary

The Fifth District Court of Appeals of Texas ordered the trial court to hold a hearing concerning an overdue reporter’s record in an accelerated parental termination appeal. The order required written findings regarding transcription, exhibits, and the necessity or replacement of missing portions of the record, and abated the appeal pending compliance.

Holdings

1. When an overdue reporter's record cannot be promptly filed because the original court reporter has retired, the appellate court may abate the appeal and direct the trial court to conduct a hearing and make findings concerning transcription, inclusion of exhibits, the reasons for any missing materials, their necessity to the appeal, and possible replacement by agreement.

Questions Presented

1. What procedure should be used to obtain and evaluate an overdue reporter's record in an accelerated parental-termination appeal when the original court reporter has retired?
2. Whether the appeal should be abated to permit the trial court to determine whether the designated proceedings and exhibits can be transcribed, whether any missing materials are necessary to resolution of the appeal, and whether they can be replaced by agreement under Texas Rule of Appellate Procedure 34.6(f).

Disposition

remanded