Opinion
10-23-00364-CV
02-09-2024
IN THE INTEREST OF E.J. AND R.J., CHILDREN
From the County Court at Law Hill County, Texas Trial Court No. CV177-22CCL
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
The appellant's brief in this appeal was originally due on or before December 18, 2023.
On December 21, 2023, the Court had not received either the appellant's brief or a motion requesting an extension of time in which to file the appellant's brief; therefore, the Clerk of the Court sent a letter to appellant's counsel, which provided:
Our records indicate that the appellant's brief was due on or before December 18, 2023. To date, no brief has been filed. You are directed to prepare and file appellant's brief in this Court within 14 days of the date of this letter.
Unless a brief or satisfactory response is received within the time given above, the Court will abate this appeal to the trial court for a hearing to determine why a brief has not been filed on appellant's behalf and to
assure that appellant is receiving effective assistance of counsel. See In re T.V., 8 S.W.3d 448, 449-450 (Tex. App.-Waco 1999, order).
On January 3, 2024, Appellant filed an unopposed motion to extend time to file appellant's brief. The same day, we granted the motion and ordered the brief due on or before January 17, 2024.
On January 17, 2024, Appellant filed another unopposed motion to extend time to file appellant's brief. On January 19, 2024, we granted the motion and ordered the brief due on or before February 6, 2024. The Court's order also provided: "Absent extraordinary circumstances, no further motions for extension of time to file the appellant's brief will be entertained."
To date, the appellant's brief has not been filed. Nevertheless, Rule of Judicial Administration 6.2 states that an appeal of a suit for termination of the parent-child relationship should be disposed of within 180 days from the date the notice of appeal is filed. Accordingly, this appeal should be disposed of by May 3, 2024.
We therefore abate this appeal and remand this cause to the trial court to conduct a hearing within 7 days of the date of this Order to determine why a brief has not been filed on appellant's behalf. The trial court is also ordered to determine whether the appellant is receiving effective assistance of counsel and, if not, whether Appellant should be appointed new counsel to represent him effectively. If no new counsel is appointed, the trial court shall determine a date certain when Appellant's counsel will file the appellant's brief.
The supplemental clerk's and reporter's records are ordered to be filed within 14 days of the date of this Order.