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Y. S. v. Texas Department of Family and Protective Services

Citation: Not availableDocket: 03-19-00705-CV

Court: Court of Appeals of Texas; December 16, 2019; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Y. S. (Appellant) filed a notice of appeal on October 3, 2019, regarding a case from the 98th District Court of Travis County, presided over by Judge Jan Soifer. The appellate record was completed by November 21, 2019, establishing a deadline of December 11, 2019, for the appellant’s brief. As of the date of the order, the appellant’s brief had not been submitted. The Texas Rules of Judicial Administration mandate an expedited process for appeals related to parental rights termination, allowing 180 days for final disposition. Consequently, the court ordered Robert Galvin, the Appellant's counsel, to submit the brief by January 2, 2020. Failure to comply may result in the counsel being required to show cause for potential contempt of court. This order was issued on December 17, 2019, and was signed by Justices Goodwin, Kelly, and Smith.

Legal Issues Addressed

Consequences for Failure to File Appellant’s Brief

Application: The court may require the appellant's counsel to show cause for potential contempt if the appellant’s brief is not submitted by the court-ordered deadline.

Reasoning: Failure to comply may result in the counsel being required to show cause for potential contempt of court.

Deadline for Filing Appellant’s Brief

Application: The appellant's brief was due by December 11, 2019, following the completion of the appellate record on November 21, 2019. The court ordered that the brief be submitted by January 2, 2020, due to the missed deadline.

Reasoning: The appellate record was completed by November 21, 2019, establishing a deadline of December 11, 2019, for the appellant’s brief.

Expedited Process for Appeals in Parental Rights Termination

Application: The Texas Rules of Judicial Administration require an expedited process for appeals regarding the termination of parental rights, necessitating a final disposition within 180 days.

Reasoning: The Texas Rules of Judicial Administration mandate an expedited process for appeals related to parental rights termination, allowing 180 days for final disposition.