Opinion
No. 05-18-00483-CV
08-29-2018
IN THE INTEREST OF A.Y.B. AND E. B., CHILDREN
On Appeal from the 199th Judicial District Court Collin County, Texas
Trial Court Cause No. 199-30190-2016
ORDER
This is an accelerated appeal in a parental termination case. Appellant's brief is three-weeks overdue. However, a supplemental clerk's record filed in this appeal on August 17, 2018 includes an August 15, 2018 order removing Hannah C. Stroud as appellate counsel because "a Motion for New Trial was granted and appellate counsel is no longer needed." The order also re-appoints trial counsel Alma R. Benavides. The supplemental clerk's record, however, does not include a copy of the order granting the motion for new trial or the motion for new trial.
Although the granting of a motion for new trial generally moots an appeal, we cannot determine on the record before us whether the motion for new trial extended the trial court's plenary power such that the trial court could grant it. See Brighton v. Koss, 415 S.W.3d 864, 867 (Tex. 2013); Trulock v. City of Duncanville, 277 S.W.3d 920, 924 (Tex. App.—Dallas 2009, no pet.). The record reflects the trial court signed its final order of termination on May 4, 2018. The trial court's docket sheet reflects appellant filed a "motion to correct 'final judgment' and motion for new trial" on May 31, 2018 and a "notice of filing of translated documents pursuant to Texas Rule of Evidence 1009 and motion for variance of time requirements pursuant to subsection (f)" on June 13, 2018. The trial court held a hearing June 20, 2018, and on June 22, 2018, the trial court signed a modified final order of termination. Per the docket sheet, the trial court held another hearing on a motion for new trial on July 23, 2018, and on August 2, 2018, the trial court made an entry that the new trial motion was granted.
So that we may determine the status of the appeal, we ORDER Collin County District Clerk Lynne Finley to file a supplemental clerk's record containing a copy of the May 31, 2018 "motion to correct 'final judgment,'" June 13, 2018 "notice of filing of translated documents and motion for variance of time requirements," and all motions for new trial no later than September 4, 2018. The supplemental clerk's record shall also include a copy of the order granting the new trial.
To the extent the appeal might not be moot, it must remain on an accelerated track. Accordingly, we ORDER appellant to file her brief on the merits no later than September 10, 2018.
We DIRECT the Clerk of the Court to remove Ms. Stroud as appellant's counsel and designate Ms. Benavides as lead counsel. We further DIRECT the Clerk of the Court to send a copy of this order to the Honorable Angela Tucker, Presiding Judge of the 199th Judicial District Court; Ms. Finley; and counsel, including Ms. Stroud.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE