Opinion
10-23-00296-CV
12-27-2023
IN THE INTEREST OF A.S.- V.M., A CHILD
From the 82nd District Court Robertson County, Texas Trial Court No. 22-04-21441-CV
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
Appellants E.M. and C.M. filed notices of appeal on October 5, 2023 and October 20, 2023, respectively, challenging the trial court's order terminating their parental rights to their child, A.S.-V.M., in a suit brought by Appellee, the Texas Department of Family and Protective Services. See Tex. R. App. P. 28.4.
Appellants, both represented by the same appointed appellate attorney, Denton B. Lessman, have been given two extensions of time to file their respective briefs. On December 6, 2023, this Court notified Appellants, through their attorney, that unless a brief or satisfactory response was received within fourteen days of that letter, the Court would abate the cause.
To date, we have received no response. Accordingly, we abate this appeal and order the trial court to hold a hearing to determine: (1) whether Appellants desire to proceed with the appeal; (2) whether appointed counsel has abandoned the appeal; (3) why briefs have not been filed on Appellants' behalf; and (4) to assure that they are receiving effective assistance of counsel. See Tex. R. App. P. 38.8(a); In re T.V., 8 S.W.3d 448, 449-50 (Tex. App.-Waco 1999, order) (per curiam), disp. on merits, 27 S.W.3d 622 (Tex. App.-Waco 2000, no pet).
The trial court shall, within fourteen days after the date of this Order: (1) conduct a hearing; (2) cause a court reporter to make a record of the hearing; (3) make appropriate orders and findings of fact and conclusions of law; and (4) deliver any orders and findings of fact and conclusions of law to the trial court clerk.
The trial court clerk shall: (1) prepare a supplemental clerk's record containing all orders and findings of fact and conclusions of law which the trial court renders or makes; and (2) file the supplemental clerk's record with the Clerk of this Court within twenty-one days after the date of this Order.
The court reporter shall prepare and file a supplemental reporter's record containing a transcription of the hearing within twenty-one days after the date of this Order.
The Rules of Judicial Administration require this Court, as far as reasonably possible, to ensure that an appeal in a suit for termination of the parent-child relationship is brought to a final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a). Abating the appeal for a trial court hearing to preserve Appellants' rights does not toll the 180-day period. See In re S.J.H., 594 S.W.3d 682, 691 n.12 (Tex. App.-El Paso 2019, no pet.) (noting that the 180-day deadline remains in effect while an appeal is abated).
The briefing schedule in this appeal is stayed and will be reset when the appeal is reinstated.