Opinion
No. 04-17-00556-CV
10-18-2017
IN THE INTEREST OF S.R.V., a Child
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01961
Honorable Richard Garcia, Judge Presiding
ORDER
On September 1, 2017, appellant, Nora Mercado, filed a pro se notice of appeal, appealing a trial court's order terminating the parental rights of S.R.V.'s mother and father. A review of the clerk's record indicates appellant is S.R.V.'s grandmother, who intervened in the termination proceeding. At trial, Ms. Mercado was represented by retained counsel, Amanda Wilhelm; however, based on her notice of appeal, it appears Ms. Mercado is representing herself pro se on appeal. On October 13, 2017, Ms. Wilhelm filed a Notice of Nonrepresentation/Motion to Withdraw, asking for permission to withdraw.
Under Rule 6.5 of the Texas Rules of Appellate Procedure, an appellate court may permit an attorney to withdraw from representation so long as certain conditions are met. TEX. R. APP. P. 6.5. The motion substantially complies with subsection (a) of Rule 6.5 and recites that a copy of the motion was delivered to Ms. Mercado as required by subsection (b) of Rule 6.5. See id.
After consideration, we GRANT the motion to withdraw and ORDER Ms. Wilhelm to notify Ms. Mercado, in writing, of this order and any deadlines or settings that counsel knows about at the time of withdrawal but that were not previously disclosed to Ms. Mercado. See TEX. R. APP. P. 6.5(c). We also ORDER counsel to file with the Clerk of this Court a copy of that notice on or before November 2, 2017. We note that at this time, appellant's brief is due on October 26, 2017. Appellee's brief will be due 20 days after appellant's brief is filed.
We further order the clerk of this court to serve a copy of this order on appellant Nora Mercado, Ms. Amanda Wilhelm, and appellant's counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court