Opinion
Appellate case number: 01-17-00497-CVAppellate case number: 01-17-00498-CV
10-05-2017
In the Interest of T.C., a Child; and In the Interest of T.L.C., a Child
ORDER Trial court case number: 2014-71072; and 2011-08360 Trial court: 309th District Court of Harris County
Appellant, C.C., has filed a notice of appeal of the trial court's order terminating her parental rights to her child, T.C., and a notice of appeal of the trial court's order modifying a prior order in a suit affecting the parent-child relationship as to her child, T.L.C. Appellant's court-appointed counsel on appeal has filed a motion to withdraw from representing appellant and an Anders brief in which she concludes that "[a]fter a diligent and thorough reading of the Clerk's Records, Reporter's Records and diligent legal research, [she] cannot find any arguable grounds, which would support an appeal in this case." See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); In re A.M., 495 S.W.3d 573, 582 (Tex. App.—Houston [1st Dist.] 2016, pet. denied).
When we receive an Anders brief from an appellant's appointed attorney who asserts that no arguable grounds for appeal exist, we must determine that issue independently by conducting our own review of the entire record. In re C.S., No. 01-16-00152-CV, 2016 WL 4408980, at *1 (Tex. App.—Houston [1st Dist.] Aug. 16, 2016, pet. denied) (mem. op.). If we determine that arguable grounds for appeal exist, we abate the appeal and remand the case to the trial court to allow the appointed attorney to withdraw and the trial court to appoint another attorney to present all arguable grounds for appeal. See In re C.S., 2016 WL 4408980, at *1 (citing Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005)); see also In re Schulman, 252 S.W.3d 403, 407 n.12 (Tex. Crim. App. 2008) (indicating arguable ground for appeal is one that could "conceivably persuade the court").
Here, we have reviewed the appellate records and appointed counsel's Anders brief, and conclude that the appeals warrant further development by counsel. Accordingly, we abate the appeals and remand the cases to the trial court with instructions to appoint new counsel to represent appellant on appeal and direct the trial court clerk to prepare and file a supplemental clerk's record containing that appointment filed in each appeal with the Clerk of this Court no later than 7 days from the date of this order.
Counsel's brief will be due 20 days from the date that counsel is appointed. Because these appeals involve parental-termination and child-protection cases, the Court is required to bring the appeals to final disposition within 180 days of June 30, 2017, the date the notices of appeal were filed in this proceedings, so far as reasonably possible. See Tex. R. Jud. Admin. 6.2, reprinted in TEX. GOV'T. CODE ANN., tit. 2, subtit. F app. (Vernon 2013); see also TEX. R. APP. P. 28.4. Accordingly no extensions of time will be granted absent extraordinary circumstances.See TEX. R. APP. P. 38.6(d). Counsel who agrees to handle these appeals should do so only if he or she can satisfy the briefing deadline.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[v] Acting individually [ ] Acting for the Court Date: October 5, 2017