Opinion
No. 04-17-00020-CV
04-13-2017
IN THE INTEREST OF D.A.G., R.G., JR., J.X.G., AND S.A.G
From the 112th Judicial District Court, Sutton County, Texas
Trial Court No. 6066
Honorable Pedro Gomez, Judge Presiding
ORDER
This is an accelerated appeal involving the termination of parental rights. Appellant's brief was originally due in this court on February 21, 2017. Neither a brief nor a motion to extend time to file the brief was filed at that time. Accordingly, we ordered appellant to file his brief on or before March 13, 2017. In our order, we warned appellant that if he did not file both the brief and a motion for extension of time reasonably explaining the need for his extension, we would abate this appeal to the trial court for an abandonment hearing.
In response to our order, appellant filed a motion for extension of time, requesting an additional thirty days to prepare his brief. After consideration, we granted appellant's motion for extension of time in part and ordered appellant to file his brief on or before April 3, 2017. In our order, we reminded counsel that, by statute, this appeal is accelerated, and under the Texas Rules of Appellate Procedure, an appellant must file its brief within twenty days as opposed to thirty days after the record is filed. TEX. FAM. CODE ANN. §§ 109.002(a), 263.405(a) (West 2014); TEX. R. APP. 38.6(a). We further reminded counsel that this court is mandated to dispose of appeals involving termination of parental rights within 180 days from the date the notice of appeal is filed, and therefore, any delay in the filing of the record or the brief encroaches upon our time for disposition.
To date, appellant has not filed a brief. We therefore ORDER that appellant file its brief on or before April 18, 2017. If the brief is not timely filed, we will abate this appeal and remand it to the trial court for an abandonment hearing at which the trial court would be asked to determine whether attorney sanctions are appropriate. See TEX. GOV'T CODE ANN. § 21.002 (West 2004) (authorizing punishment up to "a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail"); TEX. R. APP. 38.8(b)(2). Counsel is further advised that to protect appellant's rights, this court may "initiat[e] contempt proceedings against appellant's counsel." TEX. R. APP. 38.8(b)(4).
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court