Opinion
05-24-00874-CV
12-03-2024
IN THE MATTER OF A.O., A JUVENILE
On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-24-00341
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief in this case is overdue. By order dated August 30, 2024, we notified appellant there is no reporter's record in this case and ordered appellant to file his brief by September 29, 2024. On October 22, 2024, we ordered appellant to file a brief within twenty days and cautioned appellant that failure to do so might result in an order abating this appeal for the trial court to conduct a hearing to determine why appellant's brief has not been filed. And, on November 13, 2024, we again notified appellant his brief was overdue. To date, counsel has not filed a brief nor otherwise corresponded with the Court concerning the status of appellant's brief.
So that this appeal can proceed, we ORDER the trial court to conduct a hearing to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal and, if so, to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. See Tex. R. App. P. 38.8(a)(2); In re M.A.D., 167 S.W.3d 938, 939 (Tex. App-Waco 2005, order) (per curium) (remanding for appointment of new counsel where appellate counsel failed to timely file appellate brief). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within TWENTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated TWENTY DAYS from the date of this order or when the findings are received, whichever is earlier.