Opinion
01-22-00906-CV
04-20-2023
In the Interest of S.I.B., C.D.S.B., K.F. and B.F., children
328th District Court of Fort Bend County Trial court case number: 21-DCV-280651
ORDER
Richard Hightower, Judge
The above appeal was abated on April 14, 2023. In the abatement order, the Department of Family and Protective Services and the trial court were ordered to comply with the notice and verification requirements of the Indian Child Welfare Act.
Appellant has filed a motion for extension of time to file a reply brief, requesting an extension until May 19, 2023. See Tex. R. App. P. 38.6(c) (providing that reply brief must be filed 20 days after date appellee's brief is filed).
The abatement of the appeal is lifted for the sole and limited purpose of disposing of Appellant's motion requesting an extension of time to file a reply brief. The abatement of the appeal otherwise remains in full effect, including for the purpose of the Department's and the trial court's compliance with the provisions of the April 14, 2023 abatement order. Thus, all requirements and deadlines set out in the April 14, 2023 abatement order remain in effect.
Appellant's motion for extension of time to file a reply brief is granted in part and denied in part. Appellant is granted an extension to file her reply brief until May 8, 2023.
Appeals from orders terminating the parent-child relationship are to be brought to final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a), reprinted in Tex. Gov't Code, tit. 2, subtit. F app. The notice of appeal in this case was filed on December 7, 2022, and thus, the date of final disposition should be no later than June 5, 2023. The abatement of the appeal does not affect or extend this deadline.
Rule of Appellate Procedure 38. 3 provides that "the appellate court may consider and decide the case before a reply brief is filed." See Tex. R. App. P. 38.3. No further extensions will be granted absent a showing of extraordinary circumstances.
It is so ORDERED.