Opinion
01-24-00743-CV
11-26-2024
In the interest of D.S.D. Jr., D.D.III, D.M.D., children v. Department of Family and Protective Services
314th District Court of Harris County No. 2023-00007J
ORDER
JULIE COUNTISS, JUDGE
Appellant, Alexis Marie Smith Davis ("Alexis"), filed her notice of appeal on September 30, 2024, challenging the trial court's Decree of Termination, signed on September 23, 2024. Appellant, Dequindre Semaj Davis ("Dequindre"), filed his notice of appeal in this case on October 15, 2024. On October 17, 2024, Dequindre filed an Unopposed Motion to Extend Time to File Notice of Appeal. Based on the date of the termination order, the initial notice of appeal of any party was due on October 14, 2024, or 20 days after the order was signed. See Tex. R. App. P. 4.1, 26.1(b); Tex. Fam. Code Ann. § 263.405(a). Because Alexis timely filed a notice of appeal, Dequindre was permitted to file a notice of appeal within the 20-day period applicable for accelerated appeals or 14 days after the first filed notice of appeal, whichever is later. See Tex. R. App. P. 26.1(d). Filing as a subsequent party, Dequindre's notice of appeal was thus due and timely filed on October 15, 2024 (fourteen days after the first filed notice of appeal). See id; M. Y. v. Texas Dep't of Fam. & Protective Servs., No. 03-24-00037-CV, 2024 WL 1469376, at *1 (Tex. App.-Austin [3rd Dist.] Apr. 4, 2024, no pet.).
On November 20, 2024, Dequindre filed an "Unopposed Motion for First Extension of Time to File Appellant's Brief," asking for an extension of "20 days up to an including December 11, 2024, to prepare and file [his] appellant's brief." Because this appeal involves termination of the parent-child relationship, we must bring the appeal to final disposition within 180 days of the date the 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.
On November 21, 2024, Alexis filed an "Unopposed Motion for Extension of Time to File Appellant's Brief on the Merits," requesting "a 30-day extension of time for a new deadline of December 21, 2024" to file her appellant's brief.
December 21, 2024 is a Saturday.
The motion for extension to file a notice of appeal is dismissed as moot. We deem Dequindre's October 15, 2024 notice of appeal, timely.
The motions for extension to file appellant's brief are granted. Alexis' and Dequindre's appellant's briefs are due on Monday, December 23, 2024. See Tex. R. App. P. 28.4(a), 38.6(d).
No further extensions will be granted absent exceptional circumstances. See Tex. R. App. P. 38.6(d).
It is so ORDERED.