Opinion
No. 04-18-00153-CV
05-24-2018
IN RE A.L.H. AND G.F.H.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01945
Honorable Charles E. Montemayor, Judge Presiding
ORDER
On May 10, 2018, this court ordered James Peplinski, counsel for appellant-mother, to file the appellant-mother's amended brief by May 21, 2018. Neither the brief nor a motion for extension of time has been filed.
We therefore order James Peplinski, appellant-mother's court-appointed appellate attorney, to file: (1) appellant-mother's amended brief in compliance with our May 10, 2018 order by May 29, 2018; and (2) a response to this order reasonably explaining counsel's failure to comply with this court's May 10, 2018 order. This is an accelerated appeal of an order terminating the appellant's parental rights which must be disposed of by this court within 180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2. Given the time constraints governing the disposition of this appeal, requests for further extensions of time will be disfavored.
If the appellant-mother's brief is not filed by the date ordered, the court will abate the appeal and remand the case to the trial court for a hearing to determine whether appellant-mother or counsel has abandoned this appeal. See TEX. FAM. CODE ANN. § 107.013(a)(1) (giving indigent persons a right to counsel in parental-rights termination cases); In re M.S., 115 S.W.3d 534, 544 (Tex. 2003) (holding that this right to counsel includes the right to effective counsel).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court