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M. B. v. Tex. Dep't of Family & Protective Servs.

Court of Appeals of Texas, Third District, Austin
Sep 19, 2024
No. 03-24-00361-CV (Tex. App. Sep. 19, 2024)

Opinion

03-24-00361-CV

09-19-2024

M. B., Appellant v. Texas Department of Family and Protective Services, Appellee


FROM THE 466TH DISTRICT COURT OF COMAL COUNTY NO. C2023-1410E, THE HONORABLE MELISSA MCCLENAHAN, JUDGE PRESIDING

Before Chief Justice Byrne, Justices Triana and Kelly

ORDER

PER CURIAM

Mother M.B. and her mother M.G. filed and signed a motion requesting a sixty-day extension of time, until December 6, 2024, so that Mother may obtain new counsel. M.G. signed the motion "Joinder/Mother as Natural Guardian of Appellant/POA/Representative."

M.G. was not a party to the underlying case, the pleadings do not name her, and she is not addressed in the final order terminating Mother's parental rights. Further, M.G. is not an attorney and may not represent her daughter in legal proceedings. See Tex. R. Civ. P. 7 (providing that "[a]ny party to a suit may appear and prosecute or defend his rights therein"); Paselk v. Rabun, 293 S.W.3d 600, 606 (Tex. App.-Texarkana 2009, pet. denied) (noting that although layperson has right to self-representation, "a layperson does not have the right to represent others"). Only M.G. signed the certificate of service for this motion that purports to be Mother's certification (stating "I, appellant certify").

The record does not reflect that Mother is under any guardianship or conservatorship order.

Mother's appointed counsel filed an Anders brief on August 21, 2024. Mother's pro se brief in this accelerated appeal was due on September 11, 2024, and this cause is set for submission on September 30, 2024. This motion for extension of time does not provide any notice to this Court about when Mother's pro se brief would be due. To the extent that Mother filed this pro se motion for extension of time, the motion is denied.

The rules of judicial administration accelerate the final disposition of appeals from suits for termination of parental rights. See Tex. R. Jud. Admin. 6.2(a) (providing 180 days for court's final disposition). The 180-day deadline for final disposition of this appeal is December 1, 2024.

It is ordered


Summaries of

M. B. v. Tex. Dep't of Family & Protective Servs.

Court of Appeals of Texas, Third District, Austin
Sep 19, 2024
No. 03-24-00361-CV (Tex. App. Sep. 19, 2024)
Case details for

M. B. v. Tex. Dep't of Family & Protective Servs.

Case Details

Full title:M. B., Appellant v. Texas Department of Family and Protective Services…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Sep 19, 2024

Citations

No. 03-24-00361-CV (Tex. App. Sep. 19, 2024)