in the Interest of N. I. W. v. Department of Family and Protective Services

Court of Appeals of Texas

in the Interest of N. I. W. v. Department of Family and Protective Services

DecidedAugust 16, 2018

Docket01-18-00576-CV

StatusPublished

This text of in the Interest of N. I. W. v. Department of Family and Protective Services (in the Interest of N. I. W. v. Department of Family and Protective Services) 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.

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in the Interest of N. I. W. v. Department of Family and Protective Services, (Tex. Ct. App. 2018).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Appellate case name: In the Interest of N.I.W., A Child

Appellate case number: 01-18-00576-CV

Trial court case number: 2016-03594J

Trial court: 315th District Court of Harris County

This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue (“parental termination case”). The appellate records were completed in this case after the clerk’s record was filed on July 17, 2018, which set appellant’s brief due to be filed within 20 days, or by August 6, 2018. See TEX. R. APP. P. 38.6(a)(2). On August 3, 2018, appellant’s appointed counsel, Elizabeth M. Bruman, filed an unopposed motion for a first extension of time to file the appellant’s brief, requesting a twenty-one day extension until August 27, 2018.

Appeals in parental termination cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed, so far as reasonably possible. See TEX. ST. JUD. ADMIN. R. 6.2(a) (West 2016). The notice of appeal in this case was timely filed on June 26, 2018, in the trial court from the June 21, 2018 decree for termination, by counsel for the appellant, L.I.B., mother of the child, N.I.W., setting the 180-day compliance deadline for December 21, 2018. See TEX. R. APP. P. 26.1(b). Although this is appellant’s counsel’s first extension request and is unopposed, the accelerated schedule in parental termination cases requires greater compliance with briefing deadlines and greater scrutiny of extension requests. See, e.g., TEX. R. APP. P. 28.4(b)(2) (stating that record extension requests in parental termination cases may be granted by appellate court, but must not exceed 30 days cumulatively, absent extraordinary circumstances).

Appellant’s counsel contends that an extension is needed because she needs additional time because she has been busy preparing for trials and other work commitments in other cases, in addition to a preplanned vacation, which has prevented her from completing the brief on time. See TEX. R. APP. P. 10.5(b)(1)(C), 38.6(d). Accordingly, the appellant’s motion for an extension of time to file appellant’s brief is GRANTED until August 27, 2018, but no further extensions will be granted absent extraordinary circumstances. See TEX. R. APP. P. 38.6(d).

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes  Acting individually Acting for the Court

Date: August 16, 2018

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Appellate case name: In the Interest of N.I.W., A Child

Appellate case number: 01-18-00576-CV

Trial court case number: 2016-03594J

Trial court: 315th District Court of Harris County

This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue (“parental termination case”). The appellate records were completed in this case after the clerk’s record was filed on July 17, 2018, which set appellant’s brief due to be filed within 20 days, or by August 6, 2018. See TEX. R. APP. P. 38.6(a)(2). On August 3, 2018, appellant’s appointed counsel, Elizabeth M. Bruman, filed an unopposed motion for a first extension of time to file the appellant’s brief, requesting a twenty-one day extension until August 27, 2018.

Appeals in parental termination cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed, so far as reasonably possible. See TEX. ST. JUD. ADMIN. R. 6.2(a) (West 2016). The notice of appeal in this case was timely filed on June 26, 2018, in the trial court from the June 21, 2018 decree for termination, by counsel for the appellant, L.I.B., mother of the child, N.I.W., setting the 180-day compliance deadline for December 21, 2018. See TEX. R. APP. P. 26.1(b). Although this is appellant’s counsel’s first extension request and is unopposed, the accelerated schedule in parental termination cases requires greater compliance with briefing deadlines and greater scrutiny of extension requests. See, e.g., TEX. R. APP. P. 28.4(b)(2) (stating that record extension requests in parental termination cases may be granted by appellate court, but must not exceed 30 days cumulatively, absent extraordinary circumstances).

Appellant’s counsel contends that an extension is needed because she needs additional time because she has been busy preparing for trials and other work commitments in other cases, in addition to a preplanned vacation, which has prevented her from completing the brief on time. See TEX. R. APP. P. 10.5(b)(1)(C), 38.6(d). Accordingly, the appellant’s motion for an extension of time to file appellant’s brief is GRANTED until August 27, 2018, but no further extensions will be granted absent extraordinary circumstances. See TEX. R. APP. P. 38.6(d).

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes  Acting individually Acting for the Court

Date: August 16, 2018

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