Opinion
01-23-00031-CV
04-11-2023
In the Interest of K.J.B., a Child
245th District Court of Harris County, No. 2021-00968J
ORDER OF ABATEMENT
Amparo Guerra, Judge
On January 19, 2022, appellant, mother, through her court-appointed counsel, Sara E. Bloome, filed a notice of appeal from the trial court's December 30, 2022 Decree for Termination, terminating the parental rights of mother to her minor child, K.J.B. The appellate record was completed on February 1, 2023, making appellant's brief due no later than March 3, 2023. See Tex. R. App. P. 38.6(a). No brief was filed.
On March 9, 2023, the Clerk of this Court notified appellant that the deadline for filing her brief had expired. The Court's notice further advised mother that she was required to file a brief, with a motion for extension of time, or a motion for extension of time to file her brief within ten days of the date of the notice, on or before March 20, 2023. However, appellant did not file a brief or a motion to extend the deadline for filing her brief.
On March 28, 2023, the Court again notified appellant that the deadline for filing her brief had expired and advised her that unless she filed a brief within ten days of the date of the Court's order, the appeal would be abated and remanded to the trial court to conduct a hearing to determine whether appellant still wishes to pursue her appeal and whether substitute counsel should be appointed. 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). The Court's order further notified the parties that this Court is required to bring the appeal to final disposition within 180 days of the date the notice of appeal was filed, on or before July 18, 2023, so far as reasonably possible. See Tex. R. Jud. Admin. 6.2, reprinted in Tex. Gov't Code Ann. tit. 2, subtit. F app. Despite the previous notice and the Court's March 28, 2023 order, appellant did not file a brief or otherwise respond.
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 appellant shall be present. The trial court is directed to:
(1)determine whether appellant wishes to prosecute her appeal;
(2)determine whether appellant's court-appointed counsel, Sara E. Bloome, has abandoned the appeal;
(3)if counsel has not abandoned the appeal, inquire of counsel the reasons, if any, that she 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 her of her duties as appellant's counsel on appeal, including in the order the basis for the finding of abandonment, and appoint new appellate counsel at no expense to appellant 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 clerk shall file a supplemental clerk's record containing the trial court's orders and findings within fifteen 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