Opinion
05-21-00916-CV
01-21-2022
IN THE MATTER OF K.Z.S., A JUVENILE
On Appeal from the County Court At Law No. 1 Kaufman County, Texas Trial Court Cause No. 20J-043
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief in this case was due December 23, 2021. On December 28, 2021, we notified appellant his brief was due, and directed him to file a brief and an extension motion within ten days. To date, appellant has not filed a brief, an extension motion, or otherwise corresponded with the Court regarding his brief.
So that this appeal can proceed, we ORDER the trial court to conduct a hearing to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal and, if so, to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. See Tex. R. App. P. 38.8(a)(2); In re M.A.D., 167 S.W.3d 938, 939 (Tex. App-Waco 2005, order) (per curium) (remanding for appointment of new counsel where appellate counsel failed to timely file appellate brief). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam).
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.