Opinion
05-22-00017-CV
04-20-2022
IN THE INTEREST OF M.H. AND H.H., CHILDREN
On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-30033-2020
ORDER
CORY L. CARLYLE, JUSTICE.
This is an accelerated appeal from a parental termination case. Father's brief has been filed. Mother's brief is twice overdue, and the Court has had no communication with Mother since the filing of her docketing statement on January 10, 2022.
We cautioned Mother by order dated March 28, 2022 that failure to file the brief by April 12, 2022 could result in an order for the trial court to conduct a hearing to determine why her brief had not been filed and to take such measures as might be necessary to ensure effective representation, including appointment of new counsel. Accordingly, we ORDER the trial court to conduct a hearing no later than April 29, 2022 to determine why Mother's brief has not been filed. In this regard, the trial court shall make appropriate findings and determine whether Mother desires to prosecute the appeal. If Mother desires to prosecute the appeal, the trial court shall determine whether Mother's appointed counsel is able to file the brief by May 19, 2022 or whether new counsel should be appointed. If the trial court determines new counsel should be appointed, the trial court shall appoint new counsel who can file the brief by May 19.
We ORDER a reporter's record of the hearing and a supplemental clerk's record containing the trial court's findings filed with the Court no later than May 3, 2022. We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Angela Tucker, Presiding Judge of the 199th Judicial District Court; Collin County District Clerk Lynne Finley; LaTresta Ginyard, Official Court Reporter for the 199th Judicial District Court; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. It shall be reinstated no later than May 10, 2022.