NO. 07-07-0109-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 28, 2008
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In the Interest J.H.M., A Child
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FROM THE COUNTY COURT AT LAW NO. 1 OF LUBBOCK COUNTY;
NO. 2004-526,287; HON. RUSTY LADD, PRESIDING
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Abatement and Remand
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
This is an appeal involving termination of the parental rights. On October 22, 2007,
the clerk’s record was filed. The reporter’s record was due on November 5, 2007. Three
extensions of that deadline have been granted to date. However, the court reporter has
now filed her fourth extension.
Accordingly, we abate this appeal and remand the cause to the County Court at Law
Number 1 of Lubbock County (trial court) for further proceedings. Upon remand, the trial
court shall immediately cause notice of a hearing to be given and, thereafter, conduct a
hearing to determine the following:
1. when the reporter’s record can reasonably be filed (given the length of
trial and size of the record) in a manner that does not unduly delay the
prosecution of this appeal, and,
2. whether an alternate or substitute reporter should or can be appointed to
complete the record in a timely manner.
The trial court shall 1) execute findings of fact and conclusions of law addressing
the foregoing issues, and 2) cause to be developed a supplemental clerk’s record
containing its findings of fact and conclusions of law and all orders it may issue as a result
of its hearing in this matter. Additionally, the district court shall then cause the
supplemental record to be filed with the clerk of this court on or before March 31, 2008.
Should further time be needed by the trial court to perform these tasks, then same must
be requested before March 31, 2008.
It is so ordered.
Per Curiam
2
in the Interest of J.H.M, a Child
Combined Opinion