Opinion
Appellate case number: 01-16-00562-CV
11-03-2016
In the Interest of D. E. B., T.A.B. III aka T.B., Jr., aka T.J., Jr., T.B. aka Baby Boy W., Children
ORDER ON MOTION Trial court case number: 2014-66511 Trial court: 312th District Court of Harris County
This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue ("parental termination case"). This case was reinstated by this Court's October 13, 2016 Order, after the trial court's order appointing Donald M. Crane as substitute counsel for appellant, D.C.P., and discharging appellant's original counsel, Jaclyn Jones, was filed in this Court on October 10, 2016. This Court's Order also ordered appellant's brief to be filed within 20 days of that Order, or by November 2, 2016. See TEX. R. APP. P. 38.6(a)(2). On the day the brief was due, November 2, 2016, appellant's newly-appointed counsel, Donald M. Crane, filed a notice of appearance of substitute appellate counsel and unopposed motion for a first extension of time to file the appellant's brief, requesting a 28-day extension until November 30, 2016.
Appeals in parental termination cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed, so far as reasonably possible. See TEX. ST. JUD. ADMIN. R. 6.2(a) (West Supp. 2016). The notice of appeal in this case was timely filed on July 15, 2016, in the trial court from the June 30, 2016 decree for termination, by original counsel for the mother, D.C.P., setting the 180-day compliance deadline for January 11, 2017. See TEX. R. APP. P. 26.1(b). Although appellant's counsel's motion is unopposed and this Court acknowledges that appellant's original counsel caused the majority of the delay in this case, the accelerated schedule in parental termination cases requires greater compliance with briefing deadlines and greater scrutiny of extension requests.
Appellant's counsel contends that an extension is needed because, among other reasons, he has been busy preparing the briefs in three other parental termination cases in this Court, 01-16-00699-CV, 01-16-00702-CV, and 01-16-00704-CV, which are companion cases, but which all have the same November 8, 2016 deadline. Although appellant's counsel asserts that an extension is necessary because he is busy preparing the appellant's briefs in those three termination cases and provided the cause numbers and deadlines, his extension request does not comply with Rule 10.5(b) because he did not state whether he has sought, or could still seek, extensions in those cases. See TEX. R. APP. P. 10.5(b)(1)(C), 38.6(d). According to this Court's records, the compliance response deadlines in counsel's three related appeals listed above are March 6, 7, and 8, 2017, respectively, which are almost two months after the January 11, 2017 deadline in this case, and no extensions have been requested yet in those three appeals. Also, because those three appeals are companion cases, one consolidated brief may be filed.
Accordingly, the appellant's motion for an extension of time to file appellant's brief is GRANTED, in part, for 14 days until November 17, 2016, but no further extensions will be granted. See TEX. R. APP. P. 38.6(d). If the appellant's brief is not filed by November 17, 2016, this case may be abated for the trial court to hold a hearing and appellant's appointed counsel, Donald M. Crane, may be required to show cause why he should not be relieved of his duties after a finding of good cause is rendered by the court on the record. See TEX. FAM. CODE ANN. § 107.016(2) (West Supp. 2016).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually Date: November 3, 2016