Opinion
No. 05-17-01255-CV
01-04-2018
IN THE INTEREST OF N. G., A CHILD
On Appeal from the 469th Judicial District Court Collin County, Texas
Trial Court Cause No. 469-54747-2012
ORDER
Before Justices Lang, Evans, and Schenck
Mother and Father filed separate notices of appeal in this case. Appellants' briefs were originally due November 29, 2017. In separate notices dated November 30, 2017, this Court directed appellants to each file within ten days an appellant's brief and an extension motion that complies with rules 10.1(a) and 10.5(b) of the rules of appellate procedure. TEX. R. APP. P. 10.1(a), 10.5(b). Mother's brief was filed December 18, 2017. In an order dated December 18, 2017, this Court ordered Father to file within ten days of the order both an appellant's brief and an extension motion that complies with rules 10.1(a) and 10.5(b) of the rules of appellate procedure. See TEX. R. APP. P. 10.1(a), 10.5(b). We have received no communication from Father.
We therefore ORDER the trial court to conduct a hearing to determine why Father's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether Father desires to prosecute this appeal and whether Father's counsel has abandoned the appeals. See TEX. R. APP. P. 38.8(a). The trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within TWENTY (20) DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Piper McCraw, Presiding Judge, 469th Judicial District Court; to Casey Boyd; to Hannah Stroud; to Jennifer Anne Castleman; and to the Collin County District Attorney's Office.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ DOUGLAS S. LANG
PRESIDING JUSTICE