Opinion
05-22-00233-CV
04-12-2022
IN THE INTEREST OF C.J.P., O.R.P., B.H.P., CHILDREN
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-19-01286-X
ORDER
ROBBIE PARTIDA-KIPNESS, JUSTICE
This appeal from the trial court's March 15, 2022 decree terminating parental rights was filed by Father on March 16, 2022. Mother filed her appeal on April 5, 2022. Although Mother was represented by appointed counsel at trial, she filed her notice of appeal pro se, and the record before us does not reflect appellate counsel has been appointed for her. Because Mother is entitled to appointed counsel through any appeals absent changed circumstances, we ORDER the trial court to appoint counsel to represent Mother on appeal and to transmit to this Court, no later than April 18, 2022, a supplemental clerk's record containing the order of appointment. See Tex. Fam. Code Ann. § 107.013(e); In re P.M., 520 S.W.3d 24, 26 (Tex. 2016) (per curiam) (citation omitted).
We note Mother's notice of appeal was filed more than twenty days after the appealed judgment was signed but within the fifteen-day extension period authorized under Texas Rule of Appellate Procedure 26.3. See Tex. R. App. P. 26.1(b), 26.3, 28.4. However, Mother has not filed a motion to extend. See id. 26.3. Accordingly, we DIRECT Mother to file an extension motion in accordance with the appellate rules. See id. 10.5(b), 26.3. The extension motion shall be filed within ten days of the appointment of appellate counsel for Mother. Because the timely filing of a notice of appeal is jurisdictional, Mother is cautioned that failure to comply could result in dismissal of her appeal without further notice. See id. 42.3(a); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g).
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District Court; Dallas County District Clerk Felicia Pitre; and, all parties. Judge Shannon shall provide a copy of this order to appellate counsel for Mother upon appointment.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. It shall be reinstated no later than April 21, 2022.