Opinion
04-23-00622-CV
10-12-2023
In the Interest of G.D.B., a child
Honorable Lisa Jarrett Joe D. Gonzales Bexar County District Attorney Audrey E. Manriquez Department of Family and Protective Services Misty L. Deatherage Attorney at Law
From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-00927 Honorable Lisa Jarrett, Judge Presiding
Honorable Lisa Jarrett Joe D. Gonzales Bexar County District Attorney
Audrey E. Manriquez Department of Family and Protective Services Misty L. Deatherage Attorney at Law
REBECA C. MARTINEZ CHIEF JUSTICE PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ LORI I. VALENZUELA JUSTICES
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
ORDER
PER CURIAM
This is an accelerated appeal from a final order terminating appellant's parental rights which must be disposed of by this court within 180 days of the date the notice of appeal was filed. See Tex. R. Jud. Admin. 6.2. The 180-day deadline is December 23, 2023.
Appellant's brief was originally due on August 22, 2023. Appellant's court-appointed counsel, Misti L. Deatherage, filed two motions for extension of time. In each motion, Ms. Deatherage cited a personal tragedy for her failure to timely file the brief. Given the circumstances, we granted both extensions. Our order granting the most recent extension stated appellant's brief was due on or before October 6, 2023.
On October 11, 2023, Ms. Deatherage filed a motion for extension of time to file the appellant's brief and a motion to withdraw as counsel. Ms. Deatherage states personal matters have rendered her unable to fulfill her duties as counsel.
The motion is Held in abeyance. The cause is Remanded to the trial court for a hearing on Ms. Deatherage's motion to withdraw and, if necessary, to appoint new appellate counsel to represent appellant. See Tex. Fam. Code Ann. § 107.013(a)(1), (e) (providing the court shall appoint counsel to represent an indigent parent in a suit wherein a government entity seeks termination of that parent's parental rights); id. § 107.016(2)(B), (C) ("[A]n attorney appointed under this subchapter to serve as an attorney ad litem for a parent . . . continues to serve in that capacity until the earliest of: . . . (B) the date all appeals in relation to a final order terminating parental rights are exhausted or waived; or (C) the date the attorney is relieved of the attorney's duties or replaced by another attorney after a finding of good cause is rendered by the court on the record.").
We ORDER the trial court to file written findings of fact and conclusions of law- regarding the hearing on the motion to withdraw and for appointment of new counsel-with the trial court clerk no later than October 26, 2023. We further Order the trial court clerk to file a supplemental clerk's record in this court no later than ten days after the trial court files its findings of fact and conclusions of law. We further ORDER the court reporter to file in this court a supplemental reporter's record of the hearing no later than ten days after the date of the hearing.
All other appellate deadlines are Held in abeyance pending further order of the court. Appellant's motion for an extension of time to file the appellant's brief is Moot.
It is so Ordered.