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M. J. M. v. Texas Department of Family and Protective Services

Citation: Not availableDocket: 03-19-00336-CV

Court: Court of Appeals of Texas; August 6, 2019; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal initiated by M. J. M. was filed prematurely, with the district court's modified final order in a parent-child relationship case being signed on July 1, 2019. The appellate record was completed by July 11, 2019, which set the deadline for the appellant's brief to July 31, 2019. On that date, the appellant's counsel requested an extension to file the brief. Due to the rules of judicial administration that expedite appeals concerning termination of parental rights—allowing only 180 days for final disposition—this Court has limited flexibility in granting extensions. Nonetheless, the motion for an extension is granted, with a new deadline for the appellant’s brief set for August 20, 2019. Failure to meet this deadline could result in the counsel being required to show cause for potential contempt of court. The order was issued on August 6, 2019, and was signed by Chief Justice Rose and Justices Triana and Smith.

Legal Issues Addressed

Consequences of Missing Court Deadlines

Application: The appellant's counsel could face contempt of court if the new deadline for filing the brief is not met.

Reasoning: Failure to meet this deadline could result in the counsel being required to show cause for potential contempt of court.

Granting Extensions for Appellate Briefs

Application: Despite the expedited nature of parental rights cases, the court granted an extension for filing the appellant's brief, setting a new deadline.

Reasoning: Nonetheless, the motion for an extension is granted, with a new deadline for the appellant’s brief set for August 20, 2019.

Judicial Administration Rules on Termination of Parental Rights

Application: The court is required to expedite appeals concerning termination of parental rights, limiting the time available for extensions.

Reasoning: Due to the rules of judicial administration that expedite appeals concerning termination of parental rights—allowing only 180 days for final disposition—this Court has limited flexibility in granting extensions.

Premature Filing of Appeals

Application: The appeal was filed before the district court's modified final order was signed, rendering the initial filing premature.

Reasoning: The appeal initiated by M. J. M. was filed prematurely, with the district court's modified final order in a parent-child relationship case being signed on July 1, 2019.