Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re L.C.L.

Court of Appeals of Texas, Fourteenth District

October 22, 2019

IN THE INTEREST OF L.C.L. AND M.E.M., CHILDREN

          On Appeal from the 315th District Court Harris County, Texas Trial Court Cause No. 2016-03785J

          EN BANC ORDER

          PER CURIAM

         On July 16, 2019, this court issued a Majority Opinion and a Judgment in this appeal. On July 31, 2019, appellant, F.L., filed "Appellant's Motion for en banc Reconsideration." On September 24, 2019, one panel member issued a Dissenting Opinion. On October 7, 2019, appellee the Department of Family and Protective Services filed a response to appellant's motion for en banc reconsideration.

         A majority of the court's members have voted to reconsider the case en banc. Therefore, we GRANT appellant's motion for en banc reconsideration. We ORDER that the case be resubmitted to the court for en banc reconsideration and disposition with oral argument on November 18, 2019 at 1:30 p.m.

          En Banc Court consists of Chief Justice Frost and Justices Christopher, Wise, Jewell, Bourliot, Zimmerer, Spain, Hassan, and Poissant. Justices Bourliot, Zimmerer, Spain, Hassan, and Poissant join the En Banc Order. Chief Justice Frost and Justices Christopher, Wise, and Jewell dissent to the En Banc Order. Justice Christopher authors a Dissenting Opinion, in which Justices Wise and Jewell join.

         DISSENTING OPINION

          Tracy Christopher Justice

         I respectfully dissent from the majority vote (5-4) of the en banc Court to review this case en banc and to hold oral argument in this case.

         This is an appeal from a judgment terminating parental rights, and as such, it is governed by specific deadlines. In 2011, the legislature required the Texas Supreme Court to adopt rules accelerating an appellate court's disposition of an appeal from an order terminating a parent-child relationship. See Tex. Fam. Code Ann. § 263.405(c). Pursuant to that mandate, the Rules of Judicial Administration were amended to require an appellate court to bring such an appeal "to final disposition . . . [w]ithin 180 days of the date the notice of appeal is filed." Tex. R. Jud. Admin. 6.2(a) (emphasis added). By granting en banc review of this case, the majority violates this rule, as is shown by the chronology of this appeal:

Notice of Appeal filed: January 18, 2019
Appellant's brief filed: April 19, 2019
Case submitted on the merits: May 29, 2019
Panel opinion issued: July 16, 2019, with dissent ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.