in the Interest of M.A., Children

• Court: Court of Appeals of Texas
• Decided: April 4, 2014
• Docket: 04-14-00225-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas April 4, 2014

No. 04-14-00225-CV

IN THE INTEREST OF M.A., A Child,

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2012-PA-01618 Honorable Charles E. Montemayor, Judge Presiding

ORDER In this accelerated appeal of the trial court’s order terminating Appellant’s parental rights, the notice of appeal was filed in the trial court on March 19, 2014. The clerk’s record was due on March 31, 2014. See TEX. R. APP. P. 35.1. On April 3, 2014, the district clerk filed a notification of late record. The notice stated that the notice of appeal was not routed to the appeals clerk and the record will not be completed until April 25, 2014. Appeals of parental termination orders must be given priority over other appeals. See TEX. FAM. CODE ANN. § 263.405(a) (West 2014). The children’s “need for permanence is the paramount consideration for [their] 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 delays in obtaining the clerk’s record will hinder this court in its duty. See TEX. R. APP. P. 35.3(c); In re J.L., 163 S.W.3d 79, 82 (Tex. 2005) (quoting TEX. FAM. CODE ANN. § 263.405(a)). The clerk’s motion for extension of time to file the clerk’s record is GRANTED IN PART. The clerk’s record must be filed with this court by April 14, 2014. See TEX. R. APP. P. 35.3(c) (limiting an extension in an accelerated appeal to ten days).

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of April, 2014.

___________________________________ Keith E. Hottle Clerk of Court