in the Interest of K.M.-J. AKA K.M-J and D.A.R.-J. v. Department of Family and Protective Services

Opinion

ACCEPTED 01-15-00253-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/2/2015 12:12:02 PM CHRISTOPHER PRINE CLERK

No. 01-15-00253-CV

______________________________________ FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS FOR THE 7/2/2015 12:12:02 PM FIRST JUDICIAL DISTRICT OF TEXAS AT HOUSTONCHRISTOPHER A. PRINE __________________________________ Clerk

In the Interest of K.M-J aka K.M.J. and D.A.R. __________________________________

H.J. [mother], Appellant v. Department of Family & Protective Services, Appellee _______________________________________ On appeal from the 314th Judicial District of Harris County, Texas; No. 2012-06289J ____________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Department of Family & Protective Services [hereinafter “Department”],

Appellee, files this motion for extension of time as follows:

1. Background: The above referenced appeal is from a judgment that

terminated parental rights on a suit filed by the Department, and is subject to

acceleration under Sections 109.002 and 263.405 of the Family Code. Tex. Fam.

Code Ann. §109.002 and §263.405 (West 2008). Pursuant to extensions granted

by this court, Appellant’s Brief was filed on June 2, 2015. Applying the applicable

accelerated deadline, Appellee’s Brief became due June 22, 2015. 2. First Extension: This is the Department’s first request for an

extension of time in this case.

3. Request for Extension of Time Due to Personal Issues, and

Heavy Work Demands in Other Accelerated Matters: The undersigned attorney

was unable to meet the due date for filing Appellee’s Brief in this case, because the

undersigned attorney needed to take a substantial amount of time off from work to

assist a brother who suffered medical conditions that required several

hospitalizations in May and June. Unfortunately, medical interventions were

unsuccessful and the undersigned attorney’s brother passed away June 10, 2015.

Moreover, since the death of the undersigned attorney’s brother, the undersigned

attorney has been suffering from her own medical issues and was advised by her

doctor to not work June 30, 2015 to July 6, 2015 while she undergoes treatment.

In addition to these personal matters, since the filing of Appellant’s Brief in

this case the undersigned attorney has had other competing accelerated matters that

have prevented the completion of the responsive brief in this matter including (1)

the preparation of an Appellee’s Brief in In re M.M.Y.P, No. 01-15-00258-CV; and

(2) an Appellee’s Brief in In re D.L.D., Jr., L.L.S., J.J.S., H.N.S., No. 01-15-00160-

CV. These issues together delayed the undersigned attorney’s ability to timely file

Appellee’s Brief in this case.

2 WHEREFORE, PREMISES CONSIDERED, the Department requests that

this court allow the undersigned attorney to file the Department’s Appellee’s brief

in this matter on or before twenty days after the due date, or by July 13, 2015, and

for such other and further relief to which it may be entitled in law or in equity.

Respectfully submitted,

VINCE RYAN HARRIS COUNTY ATTORNEY

/s/ Sandra D. Hachem Sandra D. Hachem Sr. Assistant County Attorney State Bar #08667060 1019 Congress, 17th Floor Houston, Texas 77002 Phone: 713/274-5293 Fax: 713/437-4700 Email: sandra.hachem@cao.hctx.net

Attorney for Appellee, Department of Family & Protective Services

CERTIFICATE OF CONFERENCE

This is to certify that reasonable efforts were made to confer with all parties regarding the merits of this motion. The attorney for the appellant does not oppose this motion.

/s/ Sandra D. Hachem Sandra D. Hachem

CERTIFICATE OF SERVICE

I hereby certify that on this the 2nd day of July 2015 a true and correct copy of this motion for extension of time was sent to all parties to this appeal by sending

3 a copy by electronic transmission to the Appellant care of her attorney of record William Thursland at his email address of wmthursland@hotmail.com.