Opinion
10-23-00386-CV
02-16-2024
IN THE INTEREST OF J.E.P., A CHILD
From the County Court at Law Hill County, Texas Trial Court No. CV597-22CCL
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
Appellant J.J.P. filed a notice of appeal on November 28, 2023 challenging the trial court's order terminating his parental rights to his child, J.E.P., in a suit brought by Appellee, the Texas Department of Family and Protective Services. See TEX. R. APP. P. 28.4.
Appellant, represented by appointed appellate attorney, Denton B. Lessman, has been given three extensions of time to file his brief. On February 8, 2024, this Court notified Appellant, through his attorney, that unless a brief or satisfactory response was received within fourteen days of that letter, the Court would abate the cause.
On February 15, 2024, we received a letter from Denton B. Lessman advising this Court that he has filed a motion in the trial court requesting permission to withdraw from representation of J.J.P. in this matter. Accordingly, we abate this appeal and order the trial court to hold a hearing to assure that Appellant is receiving effective assistance of counsel by determining: (1) whether Appellant desires to proceed with the appeal; (2) whether appointed counsel should be allowed to withdraw; and (3) whether new counsel should be appointed. See TEX. R. APP. P. 38.8(A); In re T.V., 8 S.W.3d 448, 449-50 (Tex. App.-Waco 1999, order) (per curiam), disp. on merits, 27 S.W.3d 622 (Tex. App.-Waco 2000, no pet).
The trial court shall, within fourteen days after the date of this Order: (1) conduct a hearing; (2) cause a court reporter to make a record of the hearing; (3) make appropriate orders and findings of fact and conclusions of law; and (4) deliver any orders and findings of fact and conclusions of law to the trial court clerk.
The trial court clerk shall: (1) prepare a supplemental clerk's record containing all orders and findings of fact and conclusions of law which the trial court renders or makes; and (2) file the supplemental clerk's record with the Clerk of this Court within twenty-one days after the date of this Order.
The court reporter shall prepare and file a supplemental reporter's record containing a transcription of the hearing within twenty-one days after the date of this Order.
The Rules of Judicial Administration require this Court, as far as reasonably possible, to ensure that an appeal in a suit for termination of the parent-child relationship is brought to a final disposition within 180 days of the date the notice of appeal is filed. See TEX. R. JUD. ADMIN. 6.2(a). Abating the appeal for a trial court hearing to preserve Appellants' rights does not toll the 180-day period. See In re S.J.H., 594 S.W.3d 682, 691 n.12 (Tex. App.-El Paso 2019, no pet.) (noting that the 180-day deadline remains in effect while an appeal is abated).
The briefing schedule in this appeal is stayed and will be reset when the appeal is reinstated.
Appeal abated.