Background
David Earl Smith appealed the Final Decree of Divorce entered by the County Court at Law No. 2 of Randall County. The reporter’s record was due in the Seventh Court of Appeals on July 31, 2026.
The record was not filed. After the court notified the court reporter on August 21 that the record was overdue and directed a status response by August 31, the reporter neither sought an extension nor filed the record.
The Court’s Holding
The court abated the appeal and remanded the matter to the trial court to address the missing reporter’s record. It relied on Texas Rules of Appellate Procedure 35.3(c) and 37.3(a)(2), which make trial and appellate courts jointly responsible for timely filing the appellate record and authorize appropriate orders to prevent delay and preserve the parties’ rights.
On remand, the trial court must determine what work remains, why it was not completed, how much time is reasonably needed, and whether the reporter can finish within that time. If completion, certification, and filing will take more than 30 days, the trial court must arrange for a substitute reporter. The trial court must file its findings in a supplemental clerk’s record by October 19, 2026, unless the reporter files the record before the trial court acts.
Key Takeaways
- The appeal was abated; the court did not decide the merits of the divorce decree.
- The trial court must investigate and address the reporter’s failure to file the appellate record.
- A substitute reporter is required if the existing reporter needs more than 30 days to complete the record.
Why It Matters
The order illustrates the appellate court’s use of abatement and remand to keep a stalled appeal moving when a reporter’s record is overdue. It also underscores the trial court’s responsibility to ensure the appellate record is completed promptly and, when necessary, to secure a substitute reporter.