Opinion
13-24-00045-CV
02-07-2024
IN THE MATTER OF N.R.W.
On appeal from the 156th District Court of Bee County, Texas.
Before Justices Longoria, Silva, and Peña
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. On January 19, 2024, the Clerk of the Court notified appellant that the appeal had not been timely perfected. Appellant was provided ten days to cure the defect if it could be cured. Appellant is a juvenile with court-appointed counsel. To date, appellant's counsel has failed to cure the defect, has not requested additional time, and has otherwise provided no explanation for her failure to respond.
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. 44.3, 44.4. Accordingly, we now abate this appeal and remand the cause to the trial court for further proceedings.
Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:
1. Whether appellant desires to prosecute this appeal;
2. Whether appellant's counsel has effectively abandoned the appeal;
3. Whether appellant's rights have been adversely affected by a continued delay;
4. Whether it should appoint new counsel to timely and effectively pursue this appeal; and,
5. What orders, if any, should be entered to ensure the proper pursuit of appellant's appeal.
If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint counsel to represent appellant in this appeal. If counsel is appointed, the name, address, telephone number, email address, and state bar number of said counsel shall be included in an order appointing counsel.
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 thirty days from the date of this order.