Opinion
01-22-00094-CV
03-22-2022
In the Interest of I.M.S. and C.K.S., Children
Trial court: 257th District Court of Harris County Trial court case number: 2020-49033
ORDER
April Farris Judge
Appellant, Benjamin Stephens, currently incarcerated and proceeding pro se, filed a notice of appeal from the trial court's order of termination, terminating his parental rights to I.M.S. and C.K.S. On March 11, 2022 appellant filed his second "Motion for Extension to File Brief." In his motion, appellant requests a thirty-day extension to file his appellant's brief.
On February 9, 2022, appellant filed his first "Motion for Extension to File Brief," requesting a ninety-day extension. On February 24, 2022, appellant's first motion for extension was denied by the Court, because the appellate record was not yet complete, and as such, the deadline for the filing of appellant's brief could not be determined. See Tex. R. App. P. 38.6(a).
An appellant must file his brief within thirty days, or twenty days in an accelerated appeal, after the completion of the appellate record, consisting of the clerk's record and the reporter's record. See Tex. R. App. P. 38.6(a) (deadline for filing of appellant's brief is thirty days after completion of appellate record). Here, the clerk's record was filed on February 16, 2022, however, the reporter's record has not yet been filed, and is not due to be filed with this Court until April 4, 2022. See Tex. R. App. P. 35.1. Because the appellate record is not complete, and the deadline for filing the appellate record has not yet passed, the deadline for the filing of appellant's brief is not yet running. See Tex. R. App. P. 38.6(a). We cannot grant an extension until a deadline is set.
Accordingly, appellant's second motion for extension of time to file his appellant's brief is denied. Once a deadline has been set, appellant may file a new motion for an extension of time for filing his brief.
It is so ORDERED.