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In re Interest of B.D.A.

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 14, 2017
Appellate case number: 01-17-00065-CV (Tex. App. Jun. 14, 2017)

Opinion

Appellate case number: 01-17-00065-CV

06-14-2017

In the Interest of B.D.A., L.A.A.-M, and J.X.A., Children


ORDER Trial court case number: 2014-06547J Trial court: 313th District Court of Harris County

We abate this appeal and remand it for the Honorable Glenn Devlin, Judge of the 313th District Court of Harris County, to conduct a hearing. Counsel for the Texas Department of Family and Protective Services and appellant's counsel both must be present. Appellant, who is incarcerated, also shall participate in the hearing by closed-circuit video teleconferencing or by telephone. On request of appellant, he and his counsel will be given an opportunity to communicate privately without being recorded or heard by the trial court or the attorney representing the Department of Family and Protective Services.

In light of appellant's counsel's statements that prior to the filing of an appellate brief, he failed to consult the appellant to receive authorization to appeal or to consult appellant about potential appellate issues, the trial court is directed to determine whether appellant wishes to pursue an appeal. The trial court shall then make and enter written findings of fact, conclusions of law, and any other recommendations the trial court deems appropriate.

In light of the expedited nature of this appeal, this hearing must take place no later than Wednesday, June 21, 2017. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings of fact, conclusions of law, and recommendations, if any, with this court no later than June 23, 2017.

The trial court shall have a court reporter record the hearing and file a supplemental reporter's record with this court no later than June 23, 2017. If the hearing is conducted by video teleconference, a certified video recording of the hearing also shall be filed in this court no later than June 23, 2017.

The appeal is abated, treated as a closed case, and removed from this Court's active docket. The court coordinator of the trial court shall set a hearing date and notify the parties and the clerk of this court of such date. The appeal will be reinstated on this court's active docket when the supplemental clerk's record and the reporter's record of the hearing are filed in this Court, or on June 23, 2017, whichever occurs first.

It is so ORDERED. Judge's signature: /s/ Michael Massengale

Acting for the Court Panel consists of Chief Justice Radack and Justices Keyes and Massengale Date: June 14, 2017


Summaries of

In re Interest of B.D.A.

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 14, 2017
Appellate case number: 01-17-00065-CV (Tex. App. Jun. 14, 2017)
Case details for

In re Interest of B.D.A.

Case Details

Full title:In the Interest of B.D.A., L.A.A.-M, and J.X.A., Children

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Jun 14, 2017

Citations

Appellate case number: 01-17-00065-CV (Tex. App. Jun. 14, 2017)