STATE IN INTEREST OF v. << (2021)

In this case, the Department of Children and Family Services (hereinafter “DCFS”) appeals the trial court's judgment denying DCFS's petition for termination of parental rights of N.W. For the following reasons, we dismiss this appeal.

On May 28, 2021, DCFS filed a motion for appeal in the 40th Judicial District Court seeking to appeal the trial court's May 6, 2021 judgment denying DCFS's petition for termination of parental rights of N.W. That same day, the trial court granted DCFS's motion for appeal. The record was lodged in this Court on September 24, 2021. That day, this Court issued a Notice of Lodging of Record, notifying the parties the record had been lodged and informing them of the due dates for the appellate briefs. DCFS was informed that its appellate brief was due on October 12, 2021. DCFS did not file a brief by this deadline, nor did it file a motion for extension of time to file a brief.

On October 21, 2021, this Court sent DCFS's counsel a letter informing her that the time delays for filing her appellate brief had passed and notifying her that the appeal would be dismissed as abandoned if a brief was not filed by November 2, 2021. To date, DCFS has not filed a brief.

La. U.R.C.A. Rule 5-3(c)(2) provides:

In such civil cases, if an appellant does not file a brief within the time prescribed by this rule or any extension thereof granted by the court as provided by this rule or Rule 2-12.8, a notice shall be mailed by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 10 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 10 days after such notice is mailed, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in this rule for the appellee to file a brief, the appellee's brief shall be filed within 15 days from the due date shown on the notice of abandonment.

On October 21, 2021, this Court sent the required notice to counsel for DCFS informing counsel that if a brief was not filed by November 2, 2021, the appeal would be dismissed as abandoned. See Riley v. Par. of Jefferson, 21-55 (La. App. 5th Cir. 5/19/21), 325 So.3d 1115, 1116; LaFrance v. LaFrance, 15-508 (La. App. 5th Cir. 2/17/16), 186 So.3d 797. No brief was filed by this deadline. Thus, DCFS has indicated no intent to pursue this appeal. As a result, we deem DCFS's appeal abandoned and declare it dismissed under La. U.R.C.A. Rule 5-3(c)(2).

APPEAL DISMISSED

WINDHORST, J.