Opinion
01-23-00297-CV
08-01-2023
In the Interest of N.L.S. and E.J.C., a/k/a E.J.C., Children
300th District Court of Brazoria County, Texas No. 114085-F
ORDER
Julie Countiss, Judge
This is an accelerated appeal from an order terminating the parental rights of appellants, mother and father. Because this appeal involves the termination of the parent-child relationship, this Court is required to bring the appeal to final disposition within 180 days of the date the first notice of appeal was filed, so far as reasonably possible. See Tex. R. Jud. Admin. 6.2, reprinted in Tex. Gov't Code Ann., tit. 2, subtit. F app.
Father has filed his appellant's brief.
This case was abated and remanded to the trial court on July 20, 2023 to determine whether mother's appointed counsel, Michelle A. Stover, had abandoned the appeal, inquire as to the reasons appointed counsel had failed to file a brief on mother's behalf, and either remove appointed counsel and substitute new counsel to represent mother on appeal or set a date certain when mother's appointed counsel must file her appellant's brief. The trial court held a hearing on the abatement order on July 25, 2023, and the court reporter has filed a reporter's record of the hearing. The trial court found that mother wished to pursue her appeal and determined that Michelle A. Stover would remain as mother's appointed counsel. The trial court set August 14, 2023 as the deadline for the filing of mother's appellant's brief. Accordingly, we REINSTATE this case on the Court's active docket.
Appellant's brief is ORDERED to be filed no later than August 14, 2023. No further extensions will be granted.
Before the issuance of our July 20, 2023 abatement order, appellee, the Department of Family and Protective Services, filed a motion for extension of time to file an appellee's brief in response to father's appellant's brief, which was previously filed with the Court on June 28, 2023. Appellee's motion for extension of time is GRANTED. Appellee's brief(s), in response to both mother's and father's briefs, will be due 20 days from the filing of mother's appellant's brief. See Tex. R. App. P. 28.4, 38.6(b). Should appellee wish to file a single appellee's brief in response to both mother's and father's briefs, that is permissible.
It is so ORDERED.