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In re B.C.F.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 17, 2024
No. 13-24-00210-CV (Tex. App. Jul. 17, 2024)

Opinion

13-24-00210-CV

07-17-2024

IN THE INTEREST OF B.C.F., JR., D.E.F., A.R.F., CHILDREN


ON APPEAL FROM THE 25TH DISTRICT COURT OF GONZALES COUNTY, TEXAS

Before Justices Benavides, Longoria, and Silva.

ORDER

PER CURIAM

ORDER TO FILE APPELLANT'S BRIEF

This cause is currently before the Court on appellant's two motions for extension of time to file a brief. The brief in this cause was originally due to be filed on June 20, 2024.

On July 10, 2024, due to appellant's failure to file a brief, we issued an order for appellant's counsel, the Honorable Stacy M. January, to file the brief on or before July 15, 2024. On July 16, 2024, appellant's counsel filed the first motion for extension of time to file a brief providing an explanation for the delay. On May 10, 2024, the honorable Stacy M. January had previously filed a motion to withdraw and substitute attorney for appeal purposes. The Court looks with disfavor upon counsel's failure to respond to the Clerk of the Court's previous notice and disregard for its Order issued July 10, 2024.

However, on July 17, 2024, the trial court granted the motion and appointed Alana Pearsall. On the same date, newly appointed counsel filed a motion for extension of time to file the brief requesting thirty days, until August 17, 2024, to file the brief.

The Court, having considered the previous delay and newly appointed counsel's motion is of the opinion that the extension requested should be granted in part and denied in part by Order. Appellant's previous counsel's motion is now denied as moot. Parental terminations require expeditious review by the Courts of Appeals. See Tex. R. Jud. Admin. 6.2. In order to comply with the requisite timelines and preserve the rights of the parties, we now must set new and strict timelines for the briefing in this cause. See Tex. R. App. P. 2 and 38.6(d) (allowing the Court to modify the briefing timelines). Accordingly, the Texas Department of Family and Protective Services shall have twenty-one days to file its response.

It is therefore ordered that the Honorable Alana Pearsall, newly appointed counsel for appellant, file an appellate brief with this Court on or before 5:00 p.m. on August 16, 2024. Appellant is reminded the Court may dismiss the appeal for want of prosecution unless appellant complies with this order or timely requests an extension which reasonably explains the failure to timely file a brief and the appellee is not significantly injured by the delay. See Tex. R. App. P. 38.8(a)(1), 42.3(b), (c). Additionally, it is ordered that The Texas Department of Family and Protective Services file its brief, if any, with this Court on or before 5:00 p.m. on September 6, 2024.


Summaries of

In re B.C.F.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 17, 2024
No. 13-24-00210-CV (Tex. App. Jul. 17, 2024)
Case details for

In re B.C.F.

Case Details

Full title:IN THE INTEREST OF B.C.F., JR., D.E.F., A.R.F., CHILDREN

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Jul 17, 2024

Citations

No. 13-24-00210-CV (Tex. App. Jul. 17, 2024)