in the Interest of B.S. and B.F., Children ( 2012 )

Order filed May 17, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-12-00044-CV      

                                                    __________

                  IN THE INTEREST OF B.S. AND B.F., CHILDREN

                                   On Appeal from the 318th District Court

                                                          Midland County, Texas

                                                 Trial Court Cause No. FM 52,162

                                                                     O R D E R

            This is an accelerated appeal from an order terminating parental rights.  The children’s mother filed a premature notice of appeal from the trial court’s January 23, 2012 order of termination.  See Tex. R. App. P. 27.1(a).  The record on appeal has been on file in this court since February 21, 2012.  However, the appeal is stalled due to the failure of appellant’s counsel to file a brief.  We abate the appeal and remand to the trial court for the appointment of new appellate counsel. 

Appellant’s brief was originally due to be filed on March 12, 2012.  On March 22, appellant filed a motion for extension.  This court granted the motion in part and extended the due date to April 13.  On April 16, appellant filed a second motion for extension, which was also granted in part.  By letter, this court reminded appellant that this was an accelerated appeal, informed her that the due date for her brief had been extended to April 24, and notified her that this court expected the brief to be filed by that date.  After the due date had again passed without a brief being filed, the clerk of this court called to inquire about the brief.  On May 10, court-appointed counsel for appellant, Lilly A. Plummer, informed the clerk of this court that her brief was being sent that day by overnight mail.  This court has yet to receive appellant’s brief.  We note that, pursuant to a recent amendment to the Texas Rules of Judicial Administration, a court of appeals is to ensure that an appeal in a parental termination case is brought to final disposition within 180 days of the date that the notice of appeal is filed.  Tex. R. Jud. Admin. 6.2, reprinted in Tex. Gov’t Code Ann., tit. 2, subtit. F app. (West) (effective May 1, 2012).

We abate this appeal and remand the case to the trial court with instructions for the trial court to remove Plummer as counsel for appellant and to appoint new appellate counsel to represent appellant.  The trial court clerk is instructed to file in this court a supplemental clerk’s record evidencing such removal and appointment on or before May 31, 2012.  Appellant’s brief will be due in this court twenty days from the date of the appointment of new counsel.

            The appeal is abated.

PER CURIAM

May 17, 2012                                                                                     

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.