in the Interest of S.T., a Child

IN THE
TENTH COURT OF APPEALS
No. 10-18-00220-CV
IN THE INTEREST OF S.T., A CHILD
From the 413th District Court
Johnson County, Texas
Trial Court No. DC-D201700852
ORDER
This is a private termination proceeding. The petition for termination was
initiated by S.T.’s mother, not the State of Texas, and thus, even if unable to afford to pay
cost, B.T. was not entitled to appointed counsel. See TEX. FAM. CODE ANN. § 107.013 (West
2014). The trial court ordered B.T.’s parental rights terminated. Acting as his own
attorney, B.T. appealed the trial court’s order terminating B.T.’s parental rights to S.T.
B.T. paid the fees and cost necessary to proceed with the appeal, i.e. he has not been
determined unable to pay cost.
B.T. was notified by the Clerk of this Court by letter dated September 7, 2018 that
the Reporter’s Record had been filed and that careful attention should be paid to the rules
“concerning the form, number of copies, and time for filing briefs….” B.T.’s brief in this
appeal was due September 27, 2018. See TEX. R. APP. P. 28.4; 38.6(a). By letter dated
October 4, 2018, the Clerk of this Court notified B.T. that his brief was past due. In the
same letter, the Clerk warned B.T. that the Court may dismiss the appeal for want of
prosecution unless, within 10 days from the date of the letter, B.T. either filed his brief or
explained why no brief had been filed and requested an extension of time to file his brief.
See TEX. R. APP. P. 42.3(c). More than 10 days passed and neither a brief nor a request for
an extension of time to file the brief were filed.
But just as the Court was about to dismiss the appeal for want of prosecution, B.T.
sent a letter, which is actually a motion, to the Clerk of this Court. It was not served on
opposing counsel. Although previously admonished by the Court, B.T. nevertheless
continues to fail to serve opposing counsel with copies of correspondence and motions.
We grow weary of his excuses and claims of ignorance, as will be explained herein.
In the motion, B.T. references the September 7, 2018 and October 4, 2018 letters
from the Clerk mentioned above. He then states that, “[t]he letter never stated that I had
to file a brief and it was not my understanding that I needed to file one.” B.T. then
proceeds to again claim as excuses his incarceration in Colorado, his misunderstanding
of what was needed, and his ignorance of the procedure and law.
B.T. also states in his motion that his release date is anticipated to be November
17, 2018 and requests an extension of time until the end of November to file his brief. The
Court grants B.T. an extension to the very last day of November to file a brief; but this
will be B.T.’s last extension absent truly extraordinary circumstances.
In the Interest of S.T., a Child Page 2
The Court notes that while pro se litigants are allowed some latitude, complete
failure to abide by the rules and deadlines is far beyond the latitude allowed. Therefore,
unless a brief in the substantially correct form is timely filed, with a copy served on
opposing counsel and service properly noted in the filed brief, the Court will dismiss this
appeal.
B.T. is responsible for his current incarceration, not the child or the child’s mother;
and the Court has already delayed the disposition of this proceeding far longer than
accorded to other litigants in this type proceeding. But there is a limit to the delay, and
in this case, November 30, 2018 is that limit.
B.T.—you are ORDERED to file, with the Clerk of this Court, a brief in
substantially correct form with a copy served on opposing counsel and service properly
noted in the filed brief on or before November 30, 2018. Your failure to timely comply
with this Order will result in the dismissal of this proceeding. This is your last notice and
opportunity to cure your failure to timely file the required brief.
You owe $10 for the filing of your motion for extension of time to file your brief.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted
Order issued and filed October 24, 2018
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