Opinion
NUMBER 13-17-00161-CV
05-19-2017
IN THE INTEREST OF C.A., Z.A., AND A.N.G., CHILDREN
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Hinojosa
Order Per Curiam
This is an appeal of a final order terminating parental rights. Retained counsel represents appellant in this cause, which is currently before this Court because (1) appellant has not paid the filing fee for the notice of appeal, and (2) appellant has failed to request or pay for the reporter's record.
Given the foregoing circumstances, we abate and remand this appeal to the trial court. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal or has abandoned the appeal; (2) whether appellant's retained counsel continues to represent her in this appeal, and if not, whether appellant is indigent and is entitled to the appointment of counsel; and (3) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal. The trial court shall cause its finding and recommendations, together with any orders it may enter regarding the foregoing issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared.
Appeals in parental termination and child protection cases are governed by the rules of appellate procedure for accelerated appeals and include additional expedited deadlines and procedures. See TEX. R. APP. P. 28.4; TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app. (West, Westlaw through 2015 R.S.). 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 of the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2(a).
Now on the 58th day of this appeal, we order that the supplemental clerk's record and any supplemental reporter's record shall be filed with the Clerk of this Court within fourteen days from the date of this order. Any extension of time will not be favorably entertained by this Court, absent extraordinary circumstances.
It is so ORDERED.
PER CURIAM Delivered and filed the 19th day of May, 2017.