Opinion
08-24-00305-CV
08-22-2024
IN THE INTEREST OF: A.A.L., G.B.L., and A.D.L., CHILDREN.
Appeal from the 65th Judicial District Court of El Paso County, Texas (TC# 2022DCM4829)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4(a), this Order may have been issued by a single Justice sitting on the panel.
Pending before the Court is Appellants' joint motion to abate requesting that this appeal be abated for 30 days on the grounds that a motion for new trial is pending in the trial court and the caseworker has been out on medical leave. We DENY the motion without prejudice.
The joint motion does not state when the motion for new trial was filed, whether or when it is set for hearing, why the caseworker's medical leave is relevant, or why a 30-day period is being requested. Further, the joint motion does not explain why an abatement is necessary given that Texas Rule of Civil Procedure 329b(e) provides that "[i]f a motion for new trial is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial . . . until thirty days after all such timely-filed motions are overruled." See also Wells Fargo Bank, Nat. Ass'n v. Erickson, 267 S.W.3d 139, 147 (Tex. App.-Corpus Christi- Edinburg 2008, no pet.) ("[E]ven if a notice of appeal has been filed, a trial court still has jurisdiction to grant a motion for new trial").
The Court reminds the parties that appeals in termination-of-parental-rights cases are accelerated and involve additional expedited procedures, see Tex. R. App. P. 28.4; Tex. R. Jud. Admin. 6.2(a), and that this Court must ensure "as far as reasonably possible" that such appeals are brought to final disposition within 180 days. Tex. R. Jud. Admin. 6.2(a). Importantly, a temporary abatement does not stop the 180-day clock from running.
Accordingly, because of the time-sensitive nature of this appeal, any future motion to abate or extend time to file a brief must show good cause, be explained in reasonable detail, and seek the minimum relief necessary.
As stated in the Clerk's July 29, 2024 letter to the parties, a first motion to extend time to file a brief will be evaluated on a case-by-case basis for a showing of good cause and generally will not be granted in excess of 20 days, and subsequent motions will be denied absent truly extraordinary circumstances alleged and supported by appropriate argument, authority, and evidence.
IT IS SO ORDERED.