Opinion
05-23-00031-CV
04-12-2023
IN THE INTEREST OF E.S.S., A CHILD
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 90148
ORDER
ROBBIE PARTIDA-KIPNESS JUSTICE
On March 27, 2023, we granted appellant in this accelerated parental termination appeal a second extension of time to file her brief. Although our order granting the extension cautioned counsel that failure to file the brief by April 10th could result in an order abating the appeal for a trial court hearing to determine whether new counsel should be appointed for appellant, a third extension motion has been filed. This motion seeks a five-day extension and explains counsel's busy schedule has kept counsel from finalizing the brief.
We are cognizant of the many demands attorneys face and are also cognizant of the many demands trial courts face. To order the trial court to add a hearing to its busy docket to determine whether current counsel, who is familiar with the 2800-page record and asserts he needs only five more days to finish the brief, should be removed and new counsel appointed seems inefficient at this point. Accordingly, we GRANT the motion and ORDER the brief be filed no later than April 17, 2023. We caution, however, that should the brief not be filed by April 17th, the appeal will be abated on April 18th for the trial court to conduct a hearing, within three days, to determine whether new counsel should be appointed for appellant.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Keli Aiken, Presiding Judge of the 354th Judicial District Court, and the parties.