In the Interest of R.D., a Child, 07-26-00157-CV, April 13, 2026.
On appeal from 251st District Court, Randall County, Texas
Synopsis
The Seventh Court of Appeals abated this parental-termination appeal because the reporter’s record was overdue and the court reporter did not respond to the court’s status inquiry. Relying on Texas Rules of Appellate Procedure 35.3(c) and 37.3(a)(2), the court remanded for trial-court findings on what remains to be done, why the delay occurred, and how quickly the record can be completed, while also directing that a substitute reporter be appointed if more than twenty additional days are needed.
Relevance to Family Law
Although this opinion arises from a parental-rights termination appeal, its procedural lesson reaches broadly across Texas family litigation. The same appellate-record problems can derail or materially delay appeals in divorce, SAPCR, modification, enforcement, relocation, and property-division cases, particularly where evidentiary hearings are central to abuse-of-discretion review. For family-law litigators, the opinion is a reminder that appellate courts expect active record management, and that in time-sensitive matters—most obviously termination cases, but also child-custody disputes with urgent practical consequences—the failure to secure a timely reporter’s record can trigger abatement, remand, substituted-recorder intervention, and increased scrutiny from both the trial and appellate courts.
Case Summary
Fact Summary
J.H. appealed from an order terminating his parental rights to R.D. in the 251st District Court of Randall County. In the court of appeals, the reporter’s record was due on March 23, 2026, but no record was filed by that deadline. The Seventh Court then sent a letter on March 26, 2026, advising the court reporter that the record was overdue and directing her to provide a status update by April 6, 2026.
The reporter neither filed the record nor responded to the appellate court’s inquiry. Faced with a silent record custodian and a pending accelerated appeal involving termination of parental rights, the court proceeded on the premise that further inaction would jeopardize the parties’ rights and undermine the strict timelines applicable to these cases. The opinion therefore focuses less on the merits of the termination order and more on the judiciary’s obligation to move the appellate record to completion without further delay.
Issues Decided
- Whether the court of appeals should abate and remand a parental-termination appeal when the reporter’s record is overdue and the court reporter has failed to respond to the appellate court’s notice.
- Whether the trial court should be directed to determine the reason for the delay, the tasks remaining to complete the record, the time reasonably necessary to complete it, and whether the original reporter can do so within that period.
- Whether, given the time-sensitive nature of termination appeals, the trial court should be required to arrange for a substitute reporter if the original reporter needs more than twenty days from the date of the order to complete the reporter’s record.
Rules Applied
The court relied principally on the Texas Rules of Appellate Procedure governing timely preparation of the appellate record and the appellate court’s authority to respond when that record is missing.
- Texas Rule of Appellate Procedure 35.3(c): the trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.
- Texas Rule of Appellate Procedure 37.3(a)(2): when the appellate record is not timely filed, the appellate court must make whatever order is appropriate to avoid further delay and preserve the parties’ rights.
- Texas Rule of Appellate Procedure 9.8(b): initials are used to protect the privacy of parties in sensitive proceedings involving children.
- Texas Rule of Judicial Administration 6.2(a): cited by the court in recognition of the expedited, time-sensitive character of parental-termination appeals.
The opinion is procedural and does not turn on substantive termination law. Its significance lies in the appellate court’s enforcement of record-filing obligations and its willingness to use abatement and remand as docket-control tools to protect the integrity of an accelerated family-law appeal.
Application
The Seventh Court treated the missing reporter’s record as a problem requiring immediate judicial intervention rather than passive docket management. Once the original due date passed, the court gave the reporter an opportunity to explain the delay and provide a status update. When the reporter did not respond at all, the court moved to the next available procedural mechanism under Rules 35.3(c) and 37.3(a)(2): abatement of the appeal and remand to the trial court.
That application is important. The appellate court did not simply issue another warning or allow the case to linger indefinitely. Instead, it used the trial court’s institutional capacity to investigate the cause of the delay, identify the remaining work, and assess whether the assigned reporter could still perform. In a termination appeal, where delay itself can prejudice both parent and child and conflict with accelerated appellate treatment, the court imposed a specific framework. The trial court was ordered to determine the remaining tasks, the reason they had not been completed, the time reasonably necessary to finish them, and whether the current reporter could meet that timeframe.
The court then added a firm operational directive: if the reporter would need more than twenty days from the date of the order, the trial court had to arrange for a substitute reporter. That is the strategic takeaway. In the Seventh Court’s view, the time sensitivity of a parental-termination appeal justified not only inquiry into delay but a contingency plan that would replace the reporter if completion could not occur promptly. The court further required a supplemental clerk’s record containing the trial court’s findings by April 23, 2026, thereby ensuring a short leash on remand and preserving appellate momentum.
Holding
The court held that abatement and remand were appropriate because the reporter’s record was overdue, the court reporter had failed to file it, and she had not responded to the appellate court’s request for a status update. Under Texas Rules of Appellate Procedure 35.3(c) and 37.3(a)(2), the court concluded that a formal remand was necessary to avoid additional delay and preserve the parties’ rights in this termination appeal.
The court further held that the trial court must determine what tasks remained to complete the reporter’s record, why those tasks had not been completed, how much time was reasonably necessary for completion, and whether the reporter could meet that timeframe. In light of the accelerated nature of parental-termination appeals, the court also required appointment or arrangement of a substitute reporter if the original reporter needed more than twenty days from the date of the appellate order to complete, certify, and file the record.
Practical Application
For Texas family-law litigators, this opinion underscores that record management is not clerical housekeeping; it is appellate risk management. In termination cases, counsel should assume the court of appeals will closely police reporter’s-record deadlines and will not tolerate unexplained silence from the reporter. If the record appears likely to be late, practitioners should create a written trail early—confirming designation, payment arrangements, hearing dates, estimated completion, and any impediments—so that if appellate intervention becomes necessary, counsel can demonstrate diligence rather than passivity.
The decision also has practical force in non-termination family appeals. In custody modifications, relocation disputes, enforcement proceedings, and property-division appeals, the reporter’s record often supplies the only basis for evaluating evidentiary sufficiency, evidentiary rulings, conservatorship findings, and discretionary calls. A delayed or missing record can impair temporary-relief strategy, supersedeas planning, settlement posture, and client expectations. Counsel should therefore monitor the record after notice of appeal is filed, communicate with the court reporter before the due date passes, and be prepared to seek appropriate relief promptly rather than waiting for the appellate court to discover the problem on its own.
There is also a trial-level lesson. If a family case is likely to be appealed—especially a final trial involving termination, conservatorship, or contested property characterization—trial counsel should think ahead about reporter availability, backup mechanisms, and whether multiple proceedings or lengthy exhibits create a foreseeable bottleneck. This opinion shows that, when necessary, a trial court may be asked to step in and facilitate completion of the record, including by using a substitute reporter. Lawyers who anticipate that possibility can frame efficient proposed orders and factual requests if abatement occurs.
Checklists
Monitor the Reporter’s Record Early
- Calendar the reporter’s-record due date as soon as the notice of appeal is filed.
- Confirm in writing that the reporter has the notice of appeal, designation, and all necessary information.
- Verify whether payment arrangements, indigency findings, or county-payment approvals are complete.
- Ask for a realistic completion estimate before the due date expires.
- Follow up in writing if the case is accelerated or otherwise time-sensitive.
Build a Diligence Record for Appeal
- Keep email correspondence with the court reporter regarding status and timing.
- File any required written designations precisely and promptly.
- Confirm that all hearing dates to be transcribed are identified correctly.
- Preserve proof of payment or proof of entitlement to a reporter’s record without advance payment.
- If delay becomes likely, notify opposing counsel and consider informing the appellate court before the deadline problem worsens.
Respond Strategically to an Overdue Record
- Do not assume the appellate court will simply wait indefinitely.
- If the record is overdue, contact the reporter immediately and request a specific completion date.
- If there is no response, consider a motion or status filing that documents the problem.
- Ask for targeted relief tied to Rules 35.3(c) and 37.3(a)(2) if party intervention is needed.
- In accelerated family appeals, emphasize the prejudice caused by delay and the need for prompt remedial action.
Prepare for Abatement Proceedings in the Trial Court
- Be ready to identify which proceedings remain to be transcribed.
- Gather correspondence showing why the delay occurred, if known.
- Propose practical findings on remaining tasks, obstacles, and time needed.
- Consider whether the circumstances warrant a substitute reporter.
- Submit a draft order or proposed findings to streamline the remand hearing.
Protect the Client in Time-Sensitive Family Appeals
- In termination and child-protection matters, treat every missed deadline as consequential.
- Explain to the client that appellate delay can affect permanency, strategy, and timing expectations.
- Coordinate with appellate counsel early if the case involves a lengthy or complex record.
- Review whether partial records, agreed statements, or stipulations can reduce delay in appropriate cases.
- Continue monitoring the docket even after an abatement order, including supplemental-record deadlines.
Avoid the Downside Seen in This Case
- Never rely on silence from the reporter as a sign the record is progressing.
- Do not wait for the court of appeals to issue an overdue-record notice before acting.
- Avoid informal, undocumented follow-ups; confirm communications in writing.
- If the original reporter cannot complete the record promptly, raise substitute-reporter options early.
- In accelerated family matters, press for concrete dates rather than open-ended assurances.
Citation
In the Interest of R.D., a Child, No. 07-26-00157-CV, 2026 Tex. App. LEXIS ___ (Tex. App.—Amarillo Apr. 13, 2026, mem. op.) (per curiam).
Full Opinion
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