Opinion
01-23-00692-CV
01-23-2024
In the Interest of A.O.P.-W. Jr. and A.O. P.-W., children
312th District Court of Harris County No. 2017-45835
ORDER
Veronica Rivas-Molloy, Judge
This appeal is from a September 1, 2023 order in a suit affecting the parent-child relationship. On July 11, 2017, the trial court issued an Agreed Child Support Review Order naming S.T.N. ("Mother") and A.O.P.-W. ("Father") as joint managing conservators of A.O.P.-W. Jr. and A.O.P.-W. and ordering Father to pay child support. On March 17, 2022, the Texas Department of Family & Protective Services filed an "Original Motion to Modify for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship," seeking to modify the July 11, 2017 order and, if reunification could not be achieved, termination of Mother's and Father's parental rights.
On September 1, 2023, the trial court issued an "Order Modifying Prior Order" which removed Mother and Father as A.O.P.-W. Jr. and A.O.P.-W.'s joint managaing conservators, named A.W. as the children's sole managing conservator, and appointed Mother and Father as the children's possessory conservators. On September 21, 2023, Mother filed a timely notice of appeal challenging the order.
Mother's brief was originally due on November 13, 2023. We granted Mother's first motion for an extension of time to file her brief and set her deadline to file on December 11, 2023. In response to Mother's second motion for an extension of time, we extended the filing deadline until January 2, 2024, and we stated that no further extensions would be granted absent extraordinary circumstances. See Tex. R. App. P. 38.6(d).
Mother has yet to file her appellant's brief. On January 17, 2024, the clerk's office sent a Late Brief Notice informing Mother that she had until ten days of the date of the notice to file a motion requesting an extension of time along with her brief or a motion to extend time to file a brief. Mother was also notified that her appeal was subject to being dismissed for want of prosecution unless (1) her motion to extend time states the facts relied on to reasonably explain her failure to timely file her brief and (2) the Department is not significantly injured by Mother's failure to timely file her brief. See Tex. R. App. P. 10.5(b)(1), 38.6(d), 38.8(a)(1),42. We also asked Mother to notify the clerk's office within 10 days if she did not intend to file a brief.
We withdraw the January 17, 2024 Late Brief Notice and issue this order in its place.
Mother's brief was due on January 2, 2024. No brief has been filed. Accordingly, Mother's counsel is hereby notified that the brief must be filed in this appeal by January 29, 2024.
Because this an appeal of a suit for termination of the parent-child relationship, the Court is required to bring this 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, tit 2, subtit F app. For this reason, no extensions of time to file the brief will be granted See Tex. R. App. P. 38.6(d).
If you do not intend to file a brief, please notify the Court of this fact on or before January 29, 2024, and file a motion to dismiss the appeal.
If the brief is not filed by January 29, 2024 and Mother has not notified the Court by this date that she will not be filing a brief, the appeal will be abated and the case remanded to the trial court for an immediate determination regarding whether Mother still desires to prosecute her appeal and, if so, whether a new attorney should be appointed to represent Mother in this appeal.
It is so ORDERED.