Opinion
No. 10-17-00060-CV
05-10-2017
IN THE INTEREST OF A.C., S.C., AND B.W., CHILDREN
From the 21st District Court Burleson County, Texas
Trial Court No. 28,210
ORDER
We abated this proceeding so that the Department could present a motion to request a copy of the sealed record in this proceeding to the trial court and ordered the trial court to hold a hearing on the Department's motion within 14 days of the date of the order. A hearing was held, and the trial court granted the Department's motion on April 24, 2017. The next day, the Department requested an extension of 20 days to file its brief in this Court.
We did not, as the Department states in its motion for extension of time, "abate this appeal to modify the trial court's sealing order."
The trial court ordered "a copy of the sealed record to be provided to the Appellate Attorney no later than April 29th, 2017." The order did not specify who or what agency was to provide the copy. We do not read the order to require this Court to provide the copy, if the trial court could render such an order. Rather, we construe it as an order to the trial court clerk and court reporter to provide the department with copies of the sealed record and not as a modification of the prior sealing order.
This case is reinstated. The Department's motion to extend the time to file its brief is granted to the extent that its brief is due 20 days from the date the trial court granted the Department's motion to request a copy of the sealed record. Accordingly, the Department's brief is due May 15, 2017.
In accordance with the trial court's severance order signed on April 3, 2017 regarding the proceeding involving B.W., a child not subject to this appeal, the Clerk of this Court is ordered to revise the style of this appeal to reflect that the appeal relates solely to the children, A.C. and S.C.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Reinstated
Motion granted
Style revised
Order issued and filed May 10, 2017