Opinion
NO. 14-14-00223-CV
05-13-2014
IN THE INTEREST OF D.C., A MINOR CHILD
Motion Granted; Order filed May 13, 2014
On Appeal from the 257th District Court
Harris County, Texas
Trial Court Cause No. 2012-05172J
ABATEMENT ORDER
This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue. The notice of appeal was filed March 17, 2014, and appellant's motion for extension of time to file the notice of appeal was granted. Appellant has established indigence or is presumed to be indigent. See Tex. R. App. P. 20.1(a); Tex. Fam. Code §107.013(e).
On May 5, 2014, Brian J. Fischer filed a notice of appearance as attorney for the minor child, which was erroneously considered as an appearance for appellant. On May 6, 2014, appointed counsel Tom Zakes filed a motion to withdraw as counsel for appellant, which was granted in error. On May 13, 2014, Brian J. Fischer filed a motion requesting that we abate the appeal and remand for appointment of new appellate counsel for appellant, advising the court that no new counsel had been appointed. We GRANT the motion and issue the following order:
We ORDER the judge of the 257th District Court to immediately consider appointed counsel Tom Zakes' request to withdraw as counsel and if the request is granted, appoint a new attorney at litem to represent appellant in this appeal. See Tex. Fam. Code §107.016(2). A supplemental clerk's record containing the ruling on the request to withdraw and any appointment of counsel shall be filed with the clerk of this court on or before May 30, 2014.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental clerk's record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.
PER CURIAM