in the Interest of A.N.C., E.L.G., I.C.C.-G., and O.N.C.-G., Children ( 2022 )

COURT OF APPEALS REBECA C. MARTINEZ FOURTH COURT OF APPEALS DISTRICT MICHAEL A. CRUZ, CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT PATRICIA O. ALVAREZ 300 DOLOROSA, SUITE 3200 LUZ ELENA D. CHAPA SAN ANTONIO, TEXAS 78205-3037 IRENE RIOS WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE BETH WATKINS (210) 335-2635 LIZA A. RODRIGUEZ LORI I. VALENZUELA FACSIMILE NO. JUSTICES (210) 335-2762 December 1, 2022 Eric R. Rodriguez Gerald A. Uretsky Bexar County Assistant Criminal Attorney At Law District Attorney 406 Brees Blvd. 101 W. Nueva Street San Antonio, TX 78209 San Antonio, TX 78205 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-22-00680-CV Trial Court Case Number: 2020-PA-01192 Style: In the Interest of A.N.C., E.L.G., I.C.C.-G., and O.N.C.-G., Children Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, MICHAEL A. CRUZ, Clerk of Court ______________________ Cecilia Phillips Deputy Clerk, Ext. 5-3221 cc: Joe D. Gonzales (DELIVERED VIA E-MAIL) Stephanie Barajas (DELIVERED VIA E-MAIL) Ryan G. Anderson (DELIVERED VIA E-MAIL) Honorable Martha Tanner (DELIVERED VIA E-MAIL) Shawn Darrick Sheffield (DELIVERED VIA E-MAIL) Debra Garay (DELIVERED VIA E-MAIL) Fourth Court of Appeals San Antonio, Texas December 1, 2022 No. 04-22-00680-CV IN THE INTEREST OF A.N.C., E.L.G., I.C.C.-G., AND O.N.C.-G., Children From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01192 Honorable Martha Tanner, Judge Presiding ORDER This is an accelerated appeal of an order terminating appellant S.G.’s parental rights which must be disposed of by this court within 180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2. The clerk’s record was filed in this court on October 20, 2022, and the reporter’s record was filed on October 24, 2022. S.G. filed his brief on November 21, 2022. The brief of appellee the Texas Department of Family and Protective Services is currently due on December 12, 2022. On November 28, 2022, the Department filed a motion to abate this appeal “so that the trial court may enter a nunc pro tunc judgment reflecting the correct findings in this case.” In its motion, the Department asserted that the written order of termination does not accurately reflect the trial court’s oral rendition of judgment. After consideration, we GRANT the Department’s motion, ABATE this appeal, and WITHDRAW the Department’s current brief deadline of December 12, 2022. We REMAND this matter to the trial court to allow the Department to request a judgment nunc pro tunc. If the Department has not already filed a motion for judgment nunc pro tunc in the trial court, we ORDER it to do so no later than December 5, 2022. We further ORDER the Department to file a file-stamped courtesy copy of its motion, if any, in this court by December 6, 2022. If the trial court signs a judgment nunc pro tunc, we ORDER the Department to inform this court in writing within twenty-four hours of the signing of the judgment. We further ORDER the District Clerk of Bexar County to file a supplemental clerk’s record containing the Department’s motion for judgment nunc pro tunc, any responses to the motion, and the judgment nunc pro tunc, if any, by January 3, 2023. If a supplemental clerk’s record containing a judgment nunc pro tunc is not filed in this court by January 3, 2023, this appeal will be automatically reinstated to this court’s docket, and the Department’s brief will be due twenty days later. If, however, the trial court signs a judgment nunc pro tunc, S.G. may file a new brief within twenty days of the date the judgment is signed. The Department’s response brief will be due twenty days after the filing of S.G.’s new brief, if any. Due to the time constraints governing this appeal, we caution the parties that requests for extension of any deadline stated in this order will be disfavored. It is so ORDERED December 1, 2022. PER CURIAM ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT