TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-07-00727-CV
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
PER CURIAM
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 the portion of the reporter’s record prepared by Albert Alvarez was filed on April 16, 2008. Reporter Cathy Mata’s portion of the record has not yet been filed. 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, we received a request from Mata, dated July 2, asking for an extension until October 3, 2008, a ninety-three day extension. Such an extension would result in the record being filed about ten months after appellant filed her notice of accelerated appeal and the trial court found that the appeal was frivolous. 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). We grant Mata’s request in part and will allow a thirty-day extension. Mata is ordered to prepare and file the record by August 14, 2008. No further extensions will be granted.
Before Chief Justice Law, Justices Puryear and Pemberton
Filed: July 15, 2008