in the Interest of A.C., a Child
Opinion
Order entered June 16, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00341-CV
IN THE INTEREST OF A.C., A CHILD
On Appeal from the County Court At Law No. 1 Kaufman County, Texas Trial Court Cause No. 107543-CC
ORDER
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 appeal was filed.
We cautioned Mother by order dated May 27, 2022 that failure to file the
brief by June 10, 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 June 24, 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 July 14, 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 July 14.
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 June
30, 2022. We DIRECT the Clerk of the Court to send a copy of this order to the
Honorable Tracy Gray, Presiding Judge of County Court at Law No.1; Kaufman
County District Clerk Rhonda Huey; Shelly L. Dearing, Official Court Reporter for
the County Court at Law No. 1; 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 July 6, 2022.
/s/ ERIN A. NOWELL JUSTICE
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