TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-07-00727-CV
In re Cathy Mata
Loretta Jones, Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT
NO. D-1-FM-06-002820, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING
O R D E R T O S H O W C A U S E
PER CURIAM
This is a contempt proceeding ancillary to Loretta Jones's appeal from a termination proceeding. The subject of this proceeding is court reporter Cathy Mata.
The trial court signed its termination order on November 13, 2007. Appellant filed her notice of accelerated appeal on December 3, 2007, and on December 12, the trial court found that the appeal was frivolous, appointing counsel for the limited purpose of appealing that determination. The clerk's record was filed in this Court on December 27, 2008, and court reporter Albert Alvarez filed the voir dire portion of the reporter's record on April 16, 2008. On June 2, 2008, we sent Mata notice that her portion of the record was overdue and asked her to file the record by June 17 or provide an explanation of the delay and an estimate of when the record would be filed. On July 9, 2008, Mata requested an extension until October 3, 2008, a ninety-three day extension. On July 15, we granted Mata's request in part, ordering the record to be filed by August 14. See Tex. Fam. Code Ann. § 263.405(f), (g) (West Supp. 2007) (in appeal from termination order, record must be filed 60 days after order is signed unless court denies request for free record; in appeal from finding that appeal is frivolous, record of hearing must be filed without advance payment within 10 days of court's decision); see also Tex. R. App. P. 35.1(b) (in accelerated appeal, record must be filed ten days after notice of appeal is filed). Through no fault of hers, Mata never received the July 15 order. On August 27, Mata informed this Court that she could have the record prepared by September 19. Therefore, on September 4, 2008, we ordered Mata to prepare and file the record related to the trial court's finding of frivolousness no later September 19, 2008. Although Mata has informed this Court that she is in the process of preparing the record, to date, the record has not been filed.
Therefore, it is hereby ordered that Cathy Mata shall appear in person before this Court on October 8, 2008, at 8:30 a.m., in the courtroom of this Court, located in the Price Daniel, Sr. Building, 209 West 14th Street, City of Austin, Travis County, Texas, to show why she should not be held in contempt and sanctions imposed for her failure to obey the September 4 order of this Court. This order to show cause will be withdrawn and Cathy Mata will be relieved from her obligation to appear before this Court if the Clerk of this Court receives the reporter's record on or before October 6, 2008.
It is ordered on September 25, 2008.
Before Chief Justice Law, Justices Puryear and Pemberton