Order entered July 18, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00723-CV
IN THE INTEREST OF E.C., A CHILD
On Appeal from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 16-00152-X-305
ORDER
This is an accelerated appeal in a child protection case. See TEX. R. APP. P. 28.4(a)(1).
Before the Court are (1) appellants’ motion for expedited relief; (2) the State’s response to
appellant’s motion; and, (3) the State’s motion to strike appellants’ brief. Relying on Texas
Family Code section 263.401, appellants assert that this case has a statutory dismissal deadline in
the trial court of August 18, 2017 and, as a result, the deadlines in the appeal must be expedited.
See TEX. FAM. CODE ANN. § 263.401 (West Supp. 2016). That deadline, however, was met when
the trial court signed the final judgment that is the subject of this appeal. See id.; In re Tex.
Dep’t of Family & Protective Servs., 210 S.W.3d 609, 612 (Tex. 2006). As the State notes in its
response, section 263.401 provides for a new dismissal deadline if, following an appeal from the
trial court’s final order, an appellate court remands the case. See id. § 263.401(b-1).
Accordingly, we DENY appellants’ motion.
The State’s motion asserts appellants’ brief, filed June 27, 2017, identifies E.C. by full
name and contains in its appendix documents that should be, but are not, redacted in accordance
with Texas Rule of Appellate Procedure 9.8(b)(1)(C). See TEX. R. APP. P. 9.8(b). The State
requests the brief be stricken and appellants ordered to file an amended brief.
On July 12, 2017, appellants tendered an amended brief to the Court. Accordingly, we
GRANT the State’s motion to the extent we STRIKE the June 27th brief. On our own motion,
we ORDER the brief tendered to the Court July 12th filed as of the date of this order.
We note the reporter’s record of the trial court proceedings at issue in this appeal was
filed June 12, 2017 in appellate cause number 05-17-00610-CV, a mandamus proceeding filed
by appellants and stemming from the same proceedings at issue here. On our own motion, we
DIRECT the Clerk of the Court transfer that record into this appeal.
/s/ CRAIG STODDART
JUSTICE