Opinion
05-24-00421-CV
06-12-2024
IN THE INTEREST OF D.M., JR., A CHILD
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-22-00938-X
ORDER
AMANDA L. REICHEK, JUSTICE
This appeal from the trial court's final decree of termination was filed by Father through appointed counsel Frank Adler. See TEX. FAM. CODE ANN. § 107.013(a)(1) (mandating appointment of attorney ad litem for indigent parent in parental termination case filed by governmental entity). The notice of appeal was filed within the fifteen-day extension period allowed by Texas Rule of Appellate Procedure 26.3 but without the required extension motion. See TEX. R. APP. P. 26.3. Accordingly, we directed Father to file an extension motion, and because the timely filing of a notice of appeal is jurisdictional, cautioned that failure to comply by May 20, 2024 could result in dismissal of the appeal. See Brashear v. Victoria Gardens of McKinney, L.L.C., 502 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g). To date, however, the motion has not been filed, and Mr. Adler has not responded to either voice mail or email messages from the Court inquiring as to the status of the motion.
It is well-settled that the right to appointed counsel in parental termination cases embodies the right to effective representation. In re M.S., 115 S.W.3d 534, 544 (Tex. 2003). And, effective representation includes ensuring the right to appeal is preserved. Because Father's appeal is subject to dismissal without the requested extension motion, we conclude Mr. Adler has failed to provide effective representation, and we ORDER Mr. Adler removed as appointed counsel for Father.
We ORDER the trial court to appoint new counsel to represent Father in this appeal no later than June 17, 2024. The trial court shall caution new counsel that the motion for extension of time to file Father's notice of appeal must be filed no later than June 21, 2024, and the trial court shall have a copy of the order of appointment filed in a supplemental clerk's record no later than June 20, 2024.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District Court; Ms. Pitre; Mr. Adler; and the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal shall be reinstated no later than June 21, 2024.