Opinion
No. 04-13-00333-CV
08-01-2013
IN THE INTEREST OF E.D., et al, Children
From the County Court at Law, Kerr County, Texas
Trial Court No. 111069C
Honorable Spencer W. Brown, Judge Presiding
ORDER
This is an accelerated appeal of the trial court's order terminating appellant's parental rights. Appellant was determined to be indigent and was represented by appointed counsel at trial. On June 14, 2013, the trial court signed an order, noting that a parent determined by the trial court to be indigent in a parental termination proceeding is presumed to remain indigent for the duration of the suit and any subsequent appeal. See TEX. R. APP. P. 20.1(3). Accordingly, the trial court appointed Robert J. Falkenberg to represent appellant on appeal, and Mr. Falkenberg filed a notice of appearance on June 27, 2013.
The appellant's brief was originally due to be filed on July 10, 2013. On July 5, 2013, Mr. Falkenberg filed a motion for extension of time to file the appellant's brief, noting his recent appointment. The motion was granted, extending the deadline for filing the appellant's brief to July 30, 2013. On July 30, 2013, appellant filed a pro se motion requesting an additional extension of time to file his brief, stating that he had released Mr. Falkenberg from service and requesting additional time to retain new counsel. On the same date, Mr. Falkenberg filed a motion requesting permission to withdraw.
We note that the clerk's record in this appeal contains a notarized affidavit of inability to pay attorneys' fees that was signed by the appellant on June 1, 2012, stating that he was unable to pay the court costs or hire an attorney. However, we construe appellant's pro se motion as a judicial admission that he is no longer indigent and can afford to retain counsel. Accordingly, Mr. Falkenberg's motion is GRANTED.
The disposition of this appeal is governed by the standards set forth in Rule 6.2 of the Texas Rules of Judicial Administration. TEX. R. JUD. ADMIN. 6.2. Accordingly, this appeal is required to be brought to final disposition within 180 days of the date the notice of appeal is filed. Id. The notice of appeal was filed in this appeal on May 28, 2013.
Appellant's second motion for extension of time is GRANTED. Appellant's brief must be filed no later than August 19, 2013. See TEX. R. APP. P. 38.6(a) (providing twenty days for the filing of the appellant's brief in an accelerated appeal). Given the time constraints governing the disposition of this appeal, further requests for extensions of time will be disfavored.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of August, 2013.
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Keith E. Hottle
Clerk of Court