In the Interest of S.P. and K.D.C.L., Children v. the State of Texas

In The
                                   Court of Appeals
                          Seventh District of Texas at Amarillo

                                           No. 07-26-00152-CV


                    IN THE INTEREST OF S.P. AND K.D.C.L., CHILDREN

                             On Appeal from the 100th District Court
                                      Childress County, Texas
                    Trial Court No. 11674, Honorable Carry A. Baker, Presiding

                                               April 8, 2026
                        ORDER OF ABATEMENT AND REMAND
              Before PARKER, C.J., and DOSS and YARBROUGH and PRATT, JJ.

        Appellant, J.P., appeals from the trial court’s order terminating his parental rights

to his children, S.P. and K.D.C.L.1 The reporter’s record was due on March 16, 2026, but

was not filed. By letter of March 20, 2026, we notified the reporter that the record was

overdue and directed her to advise this Court of the status of the record by March 30,

2026. The reporter has not filed the record or had any further communication with this

Court to date.




        1 To protect the privacy of the parties involved, we refer to them by their initials.   See TEX. R. APP.
P. 9.8(b).
       Accordingly, we abate the appeal and remand the cause to the trial court for further

proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly

responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring

appellate courts to “make whatever order is appropriate to avoid further delay and to

preserve the parties’ rights” when the appellate record is not timely filed). On remand,

the trial court shall determine the following:

       (1)    what tasks remain to complete the filing of the reporter’s record;

       (2)    why the reporter has not completed the necessary tasks;

       (3)    what amount of time is reasonably necessary for the completion of those

              tasks; and

       (4)    whether the reporter can complete the tasks within the time the trial court

              finds reasonable.

       The trial court shall also ensure that all admitted exhibits are included in the

reporter’s record, as required.

       We further note that the court reporter has received multiple notices from this Court

regarding untimely records. Specifically, the reporter has received standard late notices

in the following appeals:

   1. 07-25-00195-CV;

   2. 07-25-00200-CV;

   3. 07-25-00223-CV;

   4. 07-25-00269-CV (non-accelerated);

   5. 07-25-00277-CV;

   6. 07-25-00337-CV;


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   7. 07-25-00340-CR (non-accelerated);

   8. 07-26-00152-CV;

   9. 07-26-00156-CV;

   10. 07-26-00157-CV; and

   11. 07-26-00158-CV.

       Additionally, the reporter has received specific admonishment notices in the

following appeals:

   1. 07-25-00407-CV; and

   2. 07-26-00073-CV.

       Given this history, the trial court shall address the reporter’s compliance with the

applicable rules governing the timely filing of appellate records, including but not limited

to Rules of Appellate Procedure 26.1 and 35.1. The trial court shall specifically review

with the reporter the rule that the appellate record must be filed within ten days after the

notice of appeal is filed in an accelerated appeal. See TEX. R. APP. P. 35.1(b).

       Should the trial court determine that the reporter will require more than twenty days

to complete, certify, and file the reporter’s record, it shall arrange for a substitute reporter

to do so.

       The trial court is directed to enter such orders necessary to address the

aforementioned questions. So too shall it include its findings on those matters in a

supplemental clerk’s record. Due to the time-sensitive nature of an appeal from a parental

termination order, the supplemental clerk’s record shall be filed with the Clerk of this Court

by April 17, 2026. See TEX. R. JUD. ADMIN. 6.2(a).




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       Should the reporter file the record on or before the date the trial court acts per our

directive, she is directed to immediately notify the trial court of the filing, in writing.

However, regardless of whether the reporter’s record is filed before the trial court acts,

the trial court shall still conduct a hearing addressing the reporter’s compliance with the

rules governing the timely filing of appellate records and the inclusion of admitted exhibits,

as outlined above, and shall enter written findings and orders regarding those matters.

       It is so ordered.

                                                         Per Curiam




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