Opinion
13-23-00040-CV
04-12-2023
IN THE INTEREST OF A.C.T.M., A CHILD
On appeal from the 430th District Court of Hidalgo County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER
PER CURIAM
This appeal arises from the trial court's termination of appellant M.G.T.M.'s parental rights over A.C.T.M., her minor child. On April 11, 2023, appellee Texas Department of Family and Protective Services (the Department), filed its first motion for extension of time to file appellee's brief in this cause. Citing the need for additional time to adequately prepare its brief, the Department requested a six-day extension to file its brief on April 17, 2023, instead of on April 11, 2023, its original deadline.
We refer to appellant and the child by their initials in accordance with the rules of appellate procedure. See Tex. R. App. P. 9.8(b)(2).
We are bound by the Texas Rules of Appellate Procedure in parental termination cases. Appeals in parental termination and child protection cases are governed by the rules of appellate procedure for accelerated appeals but include additional expedited deadlines and procedures. See Tex. R. App. P. 28.4; Tex. R. Jud. Admin. 6.2(a). The intermediate appellate courts are directed to ensure "as far as reasonably possible" that appeals are brought to final disposition within 180 days of the date the notice of appeal is filed. Tex. R. Jud. Admin. 6.2(a). Because these appeals involve fundamental rights that necessitate expedited consideration, this Court requires strict adherence to the deadlines provided by the appellate rules and looks with disfavor upon the delays caused by requests for extensions of time. Given the nature of these cases and the shortened appellate deadlines, it is the policy of this Court to limit extensions of time to file a brief in such cases to one ten-day extension of time absent truly extraordinary circumstances. See Tex. R. App. P. 38.6(d).
This Court, having fully examined and considered appellant's motion is of the opinion that, in the interest of justice, the Department's first motion for extension of time to file a brief should be GRANTED. The Court, however, requires strict adherence to the briefing rules in appeals of parental termination cases, such as this appeal, and looks with disfavor upon the delay caused by such extension requests. See Tex. R. App. P. 38.6; see also id. at R. 28.4.
The Court GRANTS the Department's first motion for extension of time insofar as the Court will extend the Department's deadline to file the brief for six (6) days. It is therefore ORDERED that the Department's brief is due on or before Monday, April 17, 2023. Further motions for extension of time will not be favorably entertained by this Court, absent extraordinary circumstances.