Opinion
01-23-00591-CV
10-19-2023
In the Interest of G.C.L. and J.A.L., Children
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.
On October 5, 2023, 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. On October 10, 2023, the Court granted mother's motion for extension, extending the deadline for mother's appellant's brief to October 16, 2023. Mother failed to file an appellant's brief.
Accordingly, we abate the appeal and direct the trial court to hold a hearing at which a representative of the Department of Family and Protective Services and counsel for mother, Robert Cardenas, shall be present. The trial court is directed to:
(1) determine whether mother wishes to prosecute her appeal;
(2) determine whether mother's court-appointed counsel, Robert Cardenas, has abandoned the appeal;
(3) if counsel has not abandoned the appeal, inquire of counsel the reasons, if any, that he has failed to file a brief and set a date by which counsel will file a brief, not later than twenty days from the date of the hearing;
(4) if counsel has abandoned this appeal, enter an order relieving him of his duties as mother's counsel on appeal, including in the order the basis for the finding of abandonment, and appoint new appellate counsel at no expense to mother and set a date by which counsel will file a brief, no later than twenty days from the date of the hearing;
(5) make any other findings and recommendations the trial court deems appropriate; and
(6) enter written findings of fact, conclusions of law, and recommendations as to these issues, separate and apart from any docket sheet notation.See Tex. Fam. Code Ann. § 107.016; In re M.V.G., 285 S.W.3d 573, 575-76 (Tex. App -Waco 2009, order), disp. on merits, 440 S.W.3d 54 (Tex. App-Waco 2010, no pet.).
The hearing shall be conducted within ten days of the date of this order. The trial court shall have a court reporter record the hearing and file the reporter's record within fourteen days of the date of the trial court's hearing. The trial court clerk shall file a supplemental clerk's record containing the trial court's order and findings within fourteen days of the date of the of the trial court's hearing.
This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when a supplemental clerk's record complying with this order is filed with the Court.
It is so ORDERED.