Opinion
No. 10-12-00044-CV
03-14-2012
IN THE INTEREST OF C.L., A CHILD,
From the 278th District Court
Madison County, Texas
Trial Court No. 10-12341-278-09
ABATEMENT ORDER
On November 10, 2011, the trial court signed an order terminating Appellant Richard L.'s and Appellant Christy B.'s parental rights to C.L. Richard filed his notice of appeal on December 9, 2011. Christy filed her notice of appeal on January 6, 2012.
On February 7, 2012, we sent a letter to Christy, notifying her that it appeared that her notice of appeal was untimely and that the Court lacked jurisdiction. The letter notified her that the Court might dismiss the appeal unless, within twenty-one (21) days from the date of the letter, she filed a response showing grounds for continuing the appeal. Christy did not file a response.
On February 7, 2012, we also sent a letter to Richard, notifying him that it appeared that his notice of appeal was untimely; however, because the notice of appeal was filed within the fifteen-day window for filing a motion for extension of time to file notice of appeal, we would imply a motion for extension of time if he could show a reasonable explanation for the late filing of the notice of appeal within twenty-one (21) days of the date of the letter. See In re B.G., 104 S.W.3d 565, 567 (Tex. App.—Waco 2002, order); TEX. R. APP. P. 26.3. In a February 23, 2012 letter, Richard's appointed counsel responded, "I have made numerous attempts to locate my client who is the biological father of the child, the subject of this case. I do not have any intention to proceed with this appeal since I can not [sic] get [Richard] to respond to me."
In light of this letter from Richard's appointed counsel, we abate this cause and remand it to the trial court for a hearing to determine whether Richard has abandoned the appeal. The trial court shall conduct the hearing within fourteen (14) days after the date of this order. The trial court clerk and court reporter shall file supplemental records within twenty-eight (28) days after the date of this order.
PER CURIAM Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed March 14, 2012
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