Opinion
05-23-00536-CV
09-05-2023
IN THE INTEREST OF A.S. AND D.S., CHILDREN
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-21-1143-X
ORDER
NANCY KENNEDY, JUSTICE
Appellant's brief in this termination of parental rights case was originally due on July 31, 2023. Because appellant failed to file a brief by that time, on August 9, 2023, we ordered appellant to file her brief by August 29, 2023. In that order, we cautioned appellant that because these types of cases must be handled expeditiously, failure to file a brief might result in our ordering a hearing to determine why the brief had not been filed. To date, appellant has not filed her brief, filed a motion to extend time to file her brief, or otherwise corresponded with the Court regarding the status of her 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 TEN 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 TEN DAYS from the date of this order or when the findings are received, whichever is earlier.