Opinion
14-23-00443-CV
02-06-2024
IN THE MATTER OF R.D.D.
On Appeal from the 314th District Court Harris County, Texas Trial Court Cause No. 2021-00909J
Panel Consists of Justices Bourliot, Zimmerer, and Spain.
ORDER
PER CURIAM
This is an appeal from a disposition order entered under Family Code section 54.04. Tex. Fam. Code Ann. § 54.04; see Tex. Fam. Code Ann. § 56.01(c)(1)(C). The final order in this case sentences appellant, a juvenile, to 10 years in the Texas Juvenile Justice Department with a possible transfer to the Texas Department of Criminal Justice.
On September 13, 2023, counsel for appellant filed a motion to dismiss the appeal that was not signed by appellant. We denied that motion without prejudice to refile in compliance with Family Code section 51.09. Tex. Fam. Code Ann. § 51.09. That section provides:
Unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or laws of this state or the United States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney for the child;
(2) the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court proceedings that are recorded.Id. Counsel has not since filed a compliant motion to dismiss evidencing appellant's consent to dismiss his appeal. See In re A.S.H., 615 S.W.3d 699 (Tex. App.-Amarillo 2021, no pet.) (requiring juvenile's signed waiver of appeal); In re E.S., No. 03-23-00231-CV, 2023 WL 4405466 (Tex. App.-Austin July 7, 2023, no pet.) (requiring juvenile's signed waiver of appeal); In re J.Z., No. 08-19-00049-CV, 2019 WL 3812365 (Tex. App.-El Paso Aug. 14, 2019, no pet.) (requiring evidence of juvenile's waiver before dismissing appeal). Nor has counsel filed a brief on appellant's behalf. On December 14, 2023, we abated the appeal for a hearing on counsel's failure to file a brief. During the hearing, counsel informed the trial court that appellant no longer wished to pursue his appeal and that counsel had filed an order signed by appellant indicating his desire to dismiss the appeal. This court does not have signed evidence of the juvenile appellant's intent to dismiss the appeal as required by Family Code section 51.09. Tex. Fam. Code Ann. § 51.09.
Accordingly, we reinstate the appeal and order counsel to file a compliant motion to dismiss or a brief in this appeal within 30 days from the date of this order. Failure to file a compliant motion to dismiss or appellate brief will result in abatement of this appeal to the trial court for appointment of new appellate counsel.