In re Interest of H. P.

Full title: IN THE INTEREST OF H. P. AND F. P., CHILDREN

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Aug 18, 2016

NUMBER 13-16-00277-CV (Tex. App. Aug. 18, 2016)

Opinion

NUMBER 13-16-00277-CV

08-18-2016

IN THE INTEREST OF H. P. AND F. P., CHILDREN

Per Curiam

On appeal from the County Court at Law No. 5 of Nueces County, Texas.

ORDER ABATING APPEAL

Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam

This parental-rights termination case is currently before the Court because it appears from the record that the whereabouts of appellant D.P., ("Mother") are unknown. At the final termination hearing, appellant N.P., ("Father"), appeared in person and by counsel but Mother did not appear in person.¹ The children's maternal grandmother testified that she could not locate Mother and that various law enforcement agencies were attempting to locate Mother for her own safety. The original notice of appeal recites that Mother's whereabouts are unknown, but an amended notice filed in her name makes no mention of whether or not she has been located. There is no further information in the record regarding Mother's whereabouts or whether she desires to prosecute this appeal.

1 Appellants were represented by the same trial counsel.

This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether Mother can be located; (2) whether Mother has abandoned her appeal; and (3) if any other orders are necessary to ensure the proper and timely pursuit of the appeal.

The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within fourteen days of the date of this order.²

2 We respectfully request the trial court to inform this Court as soon as possible whether it needs more time to carry out this order. We stress that this Court must dispose of this appeal within 180 days of the date the notice of appeal was filed and that over 100 days have already passed. See TEX. R. JUD. ADMIN. 6.2(a). --------

It is so ORDERED.

PER CURIAM Delivered and filed the 18th day of August, 2016.