Opinion
01-22-00851-CV
01-19-2023
In the Interest of D.E.A. a/k/a D.S. and D.W.A. a/k/a D.S., Children
315th District Court of Harris County Trial court case number: 2020-00244J
ORDER
APRIL FARRIS, JUDGE
Appellant, father, filed a notice of appeal from the trial court's October 28, 2022 Decree for Termination in this suit affecting the parent-child relationship. Appellant filed a motion to dismiss the appeal on December 19, 2022. On January 3, 2023, the Court issued an opinion granting appellant's motion and dismissing the appeal.
Appellee, the Department of Family and Protective Services, has filed an "Unopposed Motion for Accelerated Issuance of Mandate," requesting that we order the issuance of the mandate in this appeal as soon as possible. Generally, the mandate issues "[t]en days after the time has expired for filing a motion to extend time to file a petition for review or a petition for discretionary review," or "[t]en days after the time has expired for filing a motion to extend time to file a motion for rehearing of a denial, refusal, or dismissal of a petition for review, or refusal or dismissal of a petition for discretionary review, if not timely filed motion for rehearing or motion to extend time is pending." See Tex. R. App. P. 18.1(a)(1)-(2). However, "[t]he mandate may be issued earlier if the parties agree, or for good cause on the motion of a party." See Tex. R. App. P. 18.1(c).
In its motion, the Department stated that there "is good cause for this [C]ourt to issue a mandate on an accelerated basis, because the appellant has stated he does not desire to pursue review in this appeal," and further, "it is in the best interest of the children to promptly secure permanency through a planned adoption proceeding dependent on the judgment of this appeal." Additionally, the Department stated that appellant "is unopposed" to the accelerated issuance of the mandate in this appeal. See Tex. R. App. P. 10.1(a)(5), 10.3(c)(2).
We conclude that appellant has established good cause to expedite the issuance of the mandate in this appeal. See Tex. R. App. P. 18.1(c). Accordingly, the Department's motion is granted, and the Clerk of this Court is directed to immediately issue the mandate in this appeal.
It is so ORDERED.