Opinion
NO. 14-18-00442-CV
08-29-2018
IN THE INTEREST OF T.M.T., A CHILD
On Appeal from the 313th District Court Harris County, Texas
Trial Court Cause No. 2013-05601J
ORDER
On August 1, 2018, this court issued an order requesting that the trial court conduct a hearing to determine why appellant's appointed counsel, William Thursland, had failed to file a brief. The records of the hearing and the trial court's findings of fact and conclusions of law were ordered due August 13, 2018.
On August 8, 2018, this court received a request from the trial court to extend that deadline to August 28, 2018. On August 9, 2018, this court issued another order extending the deadline for findings of fact and conclusions of law to August 28, 2018. The order noted that if an appellant's brief was filed before that date no hearing need be held.
Appeals in parental termination cases and child protection cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a) (effective May 1, 2012). This accelerated schedule requires greater compliance with briefing deadlines.
Appellant's brief was originally due July 16, 2018. As of today, this court has received no brief and no communication from appellant's counsel, William Thursland. Accordingly, we issue the following order.
We ORDER the judge of the 313th District Court to immediately conduct a hearing to determine:
(1) the reason for the failure to file a brief;
(2) whether appellant desires to continue this appeal; and
(3) if appellant desires to continue the appeal, a date certain when appellant's brief will be filed.
The judge shall:
(1) appoint new appellate counsel for appellant if necessary;
(2) see that a record of the hearing is made;
(3) make findings of fact and conclusions of law; and
(4) order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions.
The transcribed record of the hearing, and supplemental clerk's record shall be filed with the clerk of this court on or before September 5, 2018.
If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date. If an appellant's brief is filed before the hearing, the trial court need not hold a hearing.
If William Thursland files an appellant's brief before the hearing can be held, the trial court need not hold a hearing.
PER CURIAM