in the Interest of K.R., A.R., G.L.C., Children
This text of in the Interest of K.R., A.R., G.L.C., Children (in the Interest of K.R., A.R., G.L.C., Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NUMBER 13-17-00281-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF K.R., A.R., AND G.L.C., CHILDREN
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
ORDER TO FILE APPELLANT’S BRIEF Before Justices Rodriguez, Contreras, and Benavides Order Per Curiam This is an appeal of an order terminating parental rights. The appellate record in
this matter has been complete for more than a month. The clerk’s record was filed on
June 5, 2017; the reporter’s record was filed on June 15, 2017; and a supplemental
clerk’s record was filed on June 21, 2017. Appellant’s brief was therefore due to be filed
on or before Tuesday, July 11, 2017. See TEX. R. APP. P. 38.6(a) (providing that, in an accelerated appeal, an appellant must file a brief within 20 days after the later of (1) the
date the clerk’s record was filed, or (2) the date the reporter’s record was filed).
On July 18, 2017, appellant’s counsel filed a motion to extend time to file
appellant’s brief. Counsel requested a sixty-day extension “on the basis of a heavy work
docket and conflicting schedule.” Counsel filed an amended motion on July 19, 2017
noting that counsel for appellee, the Department of Family and Protective Services, is
opposed to a sixty-day extension but is not opposed to a thirty-day extension. Counsel
also filed a second amended motion for extension of time on July 19, 2017, containing
an amended certificate of service.
On July 25, 2017, we granted counsel’s second amended motion in part and
ordered counsel to file appellant’s brief on or before the expiration of the business day
on Friday, August 4, 2017. We noted that we are directed to ensure “as far as
reasonably possible” that appeals in parental termination cases are brought to final
disposition within 180 days of the date the notice of appeal is filed, TEX. R. JUD. ADMIN.
6.2(a), and that it is the policy of this Court to limit extensions of time to file a brief in
such cases to one ten-day extension of time absent truly extraordinary circumstances.
See TEX. R. APP. P. 38.6(d).
Also on July 25, 2017, counsel filed a “Request for a Second Extension of Time
Deadline to File Brief” requesting a thirty-day extension of time and noting that counsel
has planned an out-of-state family vacation from July 26 to August 10. Counsel
acknowledged that she “failed to mention her vacation” in her previous motions.
This Court, having fully examined and considered appellant’s motion, is of the
opinion that, in the interest of justice and given the circumstances, appellant’s “Request
2 for a Second Extension of Time Deadline to File Brief” should be GRANTED IN PART
and DENIED IN PART. Counsel is ORDERED to file appellant’s brief on or before the
expiration of the business day on Monday, August 21, 2017.
Further motions for extension of time by appellant’s counsel will not be
entertained. The failure to file the brief timely in accordance with this order will result in
abatement of the appeal for the appointment of new counsel.
The Clerk of this Court is ORDERED to serve a copy of this order on appellant’s
counsel, the Honorable Sandra Eastwood, by email and by certified mail, return receipt
requested.
PER CURIAM
Delivered and filed the 27th day of July, 2017.
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