in the Interest of A.W. and M.W., Children

• Court: Court of Appeals of Texas
• Decided: March 13, 2019
• Docket: 06-19-00024-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-19-00024-CV

IN THE INTEREST OF A.W. AND M.W., CHILDREN

On Appeal from the 76th District Court Titus County, Texas Trial Court No. 40,040

Before Morriss, C.J., Burgess and Stevens, JJ. ORDER Father and Mother appeal from the termination of their parental rights to A.W. and M.W.1

The trial court apparently appointed Ebb B. Mobley to represent both parents on appeal. Mobley

has filed a motion in this Court in which he states that “there is a conflict of interest in representing

both parent/appellants because of their current discord and conflict of personalities” and seeks

abatement of the matter to permit the trial court to appoint new appellate counsel for one and/or

both appellants.

Mobley’s motion is well-taken, and we abate this matter to the trial court for the

appointment of new counsel to represent Father on appeal and the appointment of separate new

counsel to represent Mother on appeal. The appointments shall be made within fifteen days of this

order. A written memorialization of the trial court’s new appointments shall be entered into the

record of the case and presented to this Court in the form of a supplemental clerk’s record within

five days of the date the appointments are made. Upon receipt of the supplemental clerk’s record

identifying new counsel, this abatement will terminate.

IT IS SO ORDERED.

BY THE COURT

Date: March 13, 2019

1 We refer to the children that are the subject of this suit by their initials and to the biological parents as “Father” and “Mother” to protect the identity of the children. See TEX. R. APP. P. 9.8.