Opinion
No. 04-17-00802-CV
02-07-2018
IN THE INTEREST OF L.A.D-L., M.R.D-L., U.A.D-T, AND D.R.D-T, CHILDREN
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA00824
Honorable Martha B. Tanner, Judge Presiding
ORDER
On November 17, 2017, the trial court signed an order terminating Appellant's parental rights, and Appellant filed a notice of appeal on December 4, 2017. See TEX. R. APP. P. 26.1(b), 26.3. The trial court appointed Lionel F. Richardson to represent Appellant on appeal.
On January 18, 2018, after no brief or motion for extension of time was timely filed, this court contacted Lionel F. Richardson—who advised this court that he had a conflict and could not represent Appellant on appeal. He stated he filed, in the trial court, a motion to withdraw and a motion for the trial court to appoint appellate counsel in his stead. To date, this court has not received a copy of the motion to withdraw or an order appointing new appellate counsel.
We ABATE this appeal and REMAND the cause to the trial court. We ORDER the trial court to rule on Lionel F. Richardson's motion to withdraw and motion to appoint substitute appellate counsel within TEN DAYS of the date of this order.
We FURTHER ORDER the trial court to file supplemental clerk's and reporter's records in this court, not later than FIFTEEN DAYS from the date of this order. The records shall include (1) a transcription of the motion to withdraw hearing, if any; (2) copies of any documentary evidence admitted; and (3) copies of all motions filed with, or ruled on by, the trial court regarding the motion to withdraw, e.g., motion to withdraw, motion for substitution of counsel, or motion appointing counsel on appeal. See id.
The children's "need for permanence is the paramount consideration for the child[ren]'s present and future physical and emotional needs." See Dupree v. Tex. Dep't of Protective & Regulatory Servs., 907 S.W.2d 81, 87 (Tex. App.—Dallas 1995, no writ). To protect the children, this court must render its decision "with the least possible delay," and any further delays in addressing court-appointed appellate counsel will not only hinder this court in its duty, but may adversely affect the children. See TEX. R. APP. P. 35.3(c); In re J.L., 163 S.W.3d 79, 82 (Tex. 2005) (quoting TEX. FAM. CODE ANN. § 263.405(a) (West 2014)).
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of February, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court