Opinion
01-23-00591-CV
10-10-2023
In the Interest of G.C.L. and J.A.L., Children
Trial court: 308th District Court of Harris County, Texas Trial court case number: 2019-32999
ORDER
Julie Countiss Judge
This is an accelerated appeal from an order terminating the parental rights of appellant, mother. Because this appeal involves the termination of the parent-child relationship, this Court is required to bring the appeal to final disposition within 180 days of the date the notice of appeal was filed, so far as reasonably possible. See Tex. R. Jud. Admin. 6.2, reprinted in Tex. Gov't Code Ann., tit. 2, subtit. F app. Thus, we request that the matters below be expedited.
Mother's appellant's brief was originally due on September 18, 2023. See Tex. R. App. P. 4.1, 38.6(a). On September 21, 2023, the Clerk of this Court notified mother that the time for filing her appellant's brief had expired and she instructed mother to file her brief by September 29, 2023. The Clerk of this Court informed mother that the failure to file a brief as directed may result in the abatement of the appeal and remand to the trial court to hold a hearing to determine if mother still wishes to pursue her appeal and whether substitute counsel should be appointed to represent mother on appeal. See Tex. Fam. Code Ann. § 107.016(2) (providing appointed counsel must continue to serve until appeal is exhausted or waived, or attorney is relieved of her duties and replaced by court). Mother did not file a brief or otherwise respond to the September 21, 2023 notice.
On October 5, 2023, the Court abated the appeal for the trial court to hold a hearing to, among other things, determine whether mother wished to prosecute her appeal and why mother's court-appointed counsel had not filed an appellant's brief on mother's behalf. After the abatement order was issued, mother filed a motion for extension of time to file her appellant's brief, requesting that the Court extend the deadline for filing her brief to October 16, 2023.
Accordingly, the Court REINSTATES this case on the Court's active docket. Mother's motion for extension of time is granted. Mother's appellant's brief is due October 16, 2023.
If mother does not file a brief as directed, we may abate the appeal and remand the case to the trial court to determine whether mother wishes to pursue her appeal and whether substitute counsel should be appointed to represent mother on appeal.
It is so ORDERED.