in the Interest of L.R.R. and A.P.R., Children

Court of Appeals of Texas·Decided October 12, 2022·No. 04-22-00357-CV·Published

Opinion

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Fourth Court of Appeals

San Antonio, Texas

October 12, 2022

No. 04-22-00357-CV

IN THE INTEREST OF L.R.R. AND A.P.R., Children

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2021-PA-00430 Honorable Linda A. Rodriguez, Judge Presiding

ORDER

After we granted Appellant’s first motion for extension of time to file the brief, Appellant’s brief was due on September 19, 2022. On the once-extended due date, Appellant noted the reporter’s record on file was for a motion for continuance, not the trial. Appellant moved for a second extension of time to file the brief until the trial transcript is filed.

The appellate record was not yet complete. The reporter’s record was filed on October 6, 2022. See TEX. R. APP. P. 38.6(a).

Appellant’s brief is due on October 26, 2022. See TEX. R. APP. P. 38.6(a). We remind Appellant and the Department that the children’s “need for permanence is the paramount consideration for the child[ren]’s present and future physical and emotional needs.” See Dupree v. Tex. Dep’t of Protective & Regulatory Servs., 907 S.W.2d 81, 87 (Tex. App.— Dallas 1995, no writ). This court must render its decision “with the least possible delay,” and any further delays will hinder this court in its duty. See In re J.L., 163 S.W.3d 79, 82 (Tex. 2005) (quoting TEX. FAM. CODE ANN. § 263.405(a)); see also TEX. R. JUD. ADMIN. 6.2(a) (180- day disposition requirement).

Therefore, absent extraordinary circumstances, no further motions for extension of time to file Appellant’s brief will be granted. Heavy trial and appellate caseloads, without more, are not extraordinary circumstances. See McIlhargey v. Hager, No. 13-21-00288-CV, 2022 WL 1251061, at *3 (Tex. App.—Corpus Christi–Edinburg Apr. 28, 2022, pet. denied) (mem. op.); Hubbard v. State, 649 S.W.2d 167, 169 (Tex. App.—Dallas 1983, no pet.).

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It is so ORDERED on October 12, 2022.

PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT

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Related

Hubbard v. State
649 S.W.2d 167 (Court of Appeals of Texas, 1983)
Dupree v. Texas Department of Protective & Regulatory Services
907 S.W.2d 81 (Court of Appeals of Texas, 1995)
In the Interest of J.L.
163 S.W.3d 79 (Texas Supreme Court, 2005)