IN THE INTEREST OF L.C.L. AND M.E.M., CHILDREN
Appeal from the 315th District Court Harris County, Texas
Trial Court Cause No. 2016-03785J
EN BANC ORDER
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
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.
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.
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.
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 ...