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In re D.M.H.

Fourth Court of Appeals San Antonio, Texas
Mar 21, 2019
No. 04-19-00034-CV (Tex. App. Mar. 21, 2019)

Opinion

No. 04-19-00034-CV

03-21-2019

INTEREST OF D.M.H., JR.


From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2018PA00016
Honorable Charles E. Montemayor, Judge Presiding

ORDER

This is an accelerated appeal of an order terminating the appellant's parental rights, which must be disposed of by this Court within 180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2. Appellant's brief was originally due February 19, 2019. Appellant was then granted an extension to March 11, 2019. Our order granting the extension explained that because of the time constraints governing the disposition of this appeal, further requests for extensions of time would be disfavored.

On March 14, 2019, appellant filed a second motion for extension of time, requesting another extension to April 1, 2019. Appellant's counsel states in the motion that he needs additional time to "prepare the brief regarding this lengthy record." In reviewing the appellate record in this appeal, we note it consists of a 75-page reporter's record and a 184-page clerk's record. The appellate record does not appear to be exceptionally lengthy.

Appellant's second motion for extension of time to file appellant's brief is GRANTED. We ORDER appellant to file appellant's brief on or before April 1, 2019. Because of the time constraints of an accelerated appeal, and the previously granted extension of time, no further extensions will be granted. If appellant's brief is not filed by April 1, 2019, we may abate this appeal to the trial court for an abandonment hearing. See TEX. FAM. CODE ANN. § 107.013(a)(1) (giving indigent persons a right to counsel in parental-rights termination cases); In re M.S., 115 S.W.3d 534, 544 (Tex. 2003) (holding that this right to counsel includes the right to effective counsel).

/s/_________

Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of March, 2019.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

In re D.M.H.

Fourth Court of Appeals San Antonio, Texas
Mar 21, 2019
No. 04-19-00034-CV (Tex. App. Mar. 21, 2019)
Case details for

In re D.M.H.

Case Details

Full title:INTEREST OF D.M.H., JR.

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 21, 2019

Citations

No. 04-19-00034-CV (Tex. App. Mar. 21, 2019)