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in the Interest of B.S. and B.F., Children
Citation: Not availableDocket: 11-12-00044-CV
Court: Court of Appeals of Texas; May 17, 2012; Texas; State Appellate Court
Original Court Document: View Document
An accelerated appeal regarding the termination of parental rights was filed by the mother of two children, B.S. and B.F., from the 318th District Court in Midland County, Texas. The mother submitted a premature notice of appeal on January 23, 2012. Despite the record being available since February 21, 2012, the appeal was delayed due to her counsel's failure to file a brief. The original brief was due on March 12, 2012, and extension requests were made and partially granted, with the final deadline set for April 24, 2012. However, after that date passed without submission, the counsel communicated on May 10, 2012, that the brief was sent by overnight mail, but it had not been received by the court. Citing a recent amendment to the Texas Rules of Judicial Administration that mandates final disposition of parental termination cases within 180 days, the court decided to abate the appeal. The court ordered the trial court to remove the current counsel, Lilly A. Plummer, and appoint new appellate counsel. The trial court clerk was instructed to provide documentation of this change by May 31, 2012. The new brief will be due twenty days after the appointment of new counsel. The appeal is thereby abated.