Opinion
No. 04-17-00064-CV
05-25-2017
IN THE INTEREST OF D.B.M., A CHILD
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. 16246A
Honorable Cathy Morris, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice
This is an accelerated appeal from the trial court's final order terminating appellant Dusty Ray Howell's parental rights. Appellant's court-appointed appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserted there are no meritorious issues to raise on appeal. See In re P.M., No. 15-0171, — S.W.3d —, 2016 WL 1274748 at *3 (Tex. April 1, 2016). (Anders procedures apply to appeals from orders terminating parental rights). No pro se brief was filed, appellee waived its right to file a brief, and this appeal was set to be submitted on June 12, 2017.
The court has learned that appellant did not receive a copy of our order advising him of his right to file a pro se brief. Accordingly, we withdraw the order setting the case for submission. Appellant is advised he has a right to review the record and to file his own brief.
We order the clerk of this court to send appellant copies of counsel's Anders brief and the appellate record.
If appellant desires to file a pro se brief, we order that he must do so by June 26, 2017. If appellant files a timely pro se brief, appellee may file a responsive brief no later than twenty days after appellant's pro se brief is filed in this court.
We further order the clerk of this court to serve a copy of this order on appellant and all counsel.
It is so ORDERED on this 25th day of May, 2017.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle
Clerk of Court