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In re Z.A.-R

Court of Appeals of Texas, Fifth District, Dallas
Nov 22, 2023
No. 05-23-01142-CV (Tex. App. Nov. 22, 2023)

Opinion

05-23-01142-CV

11-22-2023

IN THE INTEREST OF Z.A.-R, A CHILD


On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-22-00707

ORDER

AMANDA L. REICHEK, JUSTICE.

Appellant appeals from the trial court's order terminating her parental rights. Based on the clerk's record, the Court is unable to determine who is representing appellant. Initially, appellant retained Breanna Griffin with the Manuel Diaz Law Firm to represent her. Ms. Griffin filed an agreed motion to withdraw as counsel because appellant wished to represent herself. The trial court granted the motion on May 18, 2023. Five days later, the trial court signed an order appointing Ramiro Garcia Barron to represent appellant. Trial was held on August 3, 2023 and neither appellant nor her counsel appeared. On August 14, 2023, Mr. Barron filed an unsigned motion to withdraw as counsel and request to appoint appellate counsel for appellant. The trial court signed the decree of termination on August 21, 2023. The trial court granted Mr. Barron's motion to withdraw on September 4, 2023 and the following day appointed Frank Adler as appellate counsel for appellant. On November 7, 2023, Mr. Barron again filed the unsigned motion to withdraw as counsel and request to appoint appellate counsel. On the same day, Bryan Adamson with Garcia-Windsor, P.C. filed a notice of appearance as counsel for appellant and also a motion for new trial. The trial court signed an order on November 8, 2023 rescinding the appointment of Mr. Adler. Mr. Adler filed a notice of appeal on November 10, 2023.

The trial court signed a second decree of termination on October 31, 2023. It appears this decree was signed after the trial court's plenary power had expired. See TEX. R. CIV. P. 329b(d).

Given the above circumstances, we ORDER the Honorable Cheryl LeeShannon, Presiding Judge of the 305th Judicial District Court, to make, on or before DECEMBER 1, 2023, a written finding as to who is representing appellant in the appeal.

We ORDER Dallas County District Clerk Felicia Pitre to file, on or before December 5, 2023, a supplemental clerk's record containing the trial court's written finding.

We DIRECT the Clerk of this Court to send a copy of this order to Judge Lee-Shannon; Ms. Pitre; Ms. Breanna Griffin; Mr. Ramiro Garcia Barron; Mr. Adler; and Mr. Bryan Adamson.


Summaries of

In re Z.A.-R

Court of Appeals of Texas, Fifth District, Dallas
Nov 22, 2023
No. 05-23-01142-CV (Tex. App. Nov. 22, 2023)
Case details for

In re Z.A.-R

Case Details

Full title:IN THE INTEREST OF Z.A.-R, A CHILD

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 22, 2023

Citations

No. 05-23-01142-CV (Tex. App. Nov. 22, 2023)