Opinion
08-24-00079-CV
07-02-2024
IN THE INTEREST OF: S. R., A CHILD.
Appeal from the County Court at Law No. 5 of El Paso County, Texas (TC# 2022DCM6598)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Tex.R.App.P. 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
Pending before the Court is Appellant's pro se motion dated July 1, 2024, asking for more time to (1) complete the Court's constitutional challenge form for an unspecified constitutional challenge, as she is "not done with it yet"; and (2) locate the form for a brief, as she "still can't find [one]." No specific amount of time is requested. We DENY the motion.
Appellant's notice of appeal was filed on April 4, 2024. The record was filed on April 22, 2024. Appellant's brief was thus originally due on May 13, 2024. See Tex. R. App. P. 38.6(a) (in accelerated appeals, appellant's brief must be filed within 20 days after record is filed); Tex.R.App.P. 28.4(a)(1) (parental termination appeals are accelerated). On May 20, 2024, Appellant filed her first motion to extend time to file her brief, stating that she "d[id]n't understand what is proposed" and "need[ed] to get [her]self a lawyer." This motion was granted, extending the deadline to June 10, 2024. On June 10, 2024, Appellant filed a one-page pro se brief. The next day, the Court issued an Order instructing Appellant to correct defects in the brief by filing a supplemental document containing: (1) a signature line for each appellant for whom the brief was being filed; and (2) a statement indicating the date and method of service. This supplemental document was ordered to be filed no later than June 21, 2024.
Appeals in termination-of-parental-rights cases involve fundamental rights and are governed by the rules for accelerated appeals and additional expedited procedures. See Tex.R.App.P. 28.4; Tex. R. Jud. Admin. 6.2(a). Importantly, courts of appeals must ensure "as far as reasonably possible" that such appeals are brought to final disposition within 180 days of the date the notice of appeal is filed. Tex. R. Jud. Admin. 6.2(a). This Court requires strict adherence to the deadlines provided under the rules and disfavors delays caused by motions to extend time. Accordingly, a first motion to extend time to file the record or a brief will be evaluated on a case-by-case basis for a showing of good cause and generally will not be granted in excess of 20 days. Subsequent motions will be denied absent truly extraordinary circumstances alleged and supported by appropriate argument, authority, and evidence.
On June 21, 2024, Appellant filed a motion to extend time to file a constitutional challenge and her brief. No reason for the extension was given, nor was a specific amount of time requested. On June 24, 2024, the Court granted the motion, explaining that: (1) to address a constitutional challenge to a statute, the Court must first have the information requested in the Court's constitutional challenge form, which was attached (and had previously been provided via an internet link); and (2) as had previously been explained, it is unclear whether Appellant's June 10, 2024 brief was filed only on behalf of A.R. or on behalf of both A.R. and C.R., thus Appellant was required to file a supplemental document stating who the brief was filed for and that both the supplemental document and brief had been served. Appellant was further instructed that: (1) if the constitutional challenge form was not filed by July 1, 2024, the Court will move forward based on the matters asserted in the brief; and (2) if the supplemental document was not filed by July 1, 2024, the Court will move forward with the understanding that the June 10, 2024 brief was filed only for A.R.
The Court finds that Appellant has had adequate time to file the constitutional challenge form and supplemental document requested. Appellant has not shown circumstances justifying a further extension of time. For those reasons, her motion is DENIED.
Any party wishing to file a response brief may do so no later than July 22, 2024, after which date the Court will consider this appeal based on the matters asserted in Appellant's brief and with the understanding that the June 10, 2024 brief was filed only for A.R.
IT IS SO ORDERED.