in the Matter of C.C.C., a Juvenile ( 2021 )

NUMBER 13-21-00371-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE MATTER OF C.C.C., A JUVENILE
On appeal from the 484th District Court
of Cameron County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Longoria
Order Per Curiam
This matter is before the Court on appellant C.C.C.’s second unopposed motion
for extension of time to file appellant’s brief. This appeal arises from an order waiving the
juvenile court’s exclusive jurisdiction and transferring the case to criminal district court.
See TEX. FAM. CODE ANN. §§ 54.02, 56.01(c)(1)(A). Appellant’s brief was initially due on
December 6, 2021. Appellant previously filed an unopposed motion for extension of time
to file appellant’s brief; we granted the motion and extended the time to file the brief until
December 20, 2021. Appellant now requests an additional two-week extension of time to
file the brief, until January 3, 2022. Appellant represents that critical documents were
inadvertently omitted from the appellate record; that the district clerk advised that the
documents would need to be sealed pursuant to a court order before they can be included
in the appellate record; that the parties submitted a proposed agreed sealing order to the
juvenile court on December 9, 2021; and that the juvenile court has yet to sign the agreed
order. Appellant further represents that the State is unopposed to the motion.
Appeals of an order under Texas Family Code § 54.02 certifying a juvenile to stand
trial as an adult are governed by the rules of appellate procedure applicable to accelerated
appeals. Order Accelerating Juvenile Certification Appeals and Requiring Courts to Give
Notice of the Right to An Immediate Appeal, Misc. Docket No. 15-9156 (Tex. Aug. 28,
2015); see TEX. FAM. CODE ANN. § 56.01(h-1). TEX. R. APP. P. 28.1. Appellate courts are
directed to ensure “so far as reasonably possible” that appeals in such cases are brought
to final disposition within 180 days of the date the notice of appeal is filed. Id. Accordingly,
it is the policy of this Court to limit extensions of time in such cases absent truly
extraordinary circumstances. See TEX. R. APP. P. 38.6(d).
Accordingly, we grant appellant’s second motion for extension of time and order
appellant’s brief to be filed on or before January 4, 2022. No further extensions of time
will be granted absent truly exigent and extraordinary circumstances.
We urge the juvenile court to act promptly in signing the agreed sealing order so
that the complete record may be timely filed, and so that this Court can ensure that the
appeal is decided within the timeframe established by the Texas Supreme Court for such
appeals.
PER CURIAM
Delivered and filed on the
20th day of December, 2021.
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