in the Interest of C.E.C., a Minor Child
This text of in the Interest of C.E.C., a Minor Child (in the Interest of C.E.C., a Minor Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order entered January 30, 2017
In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01392-CV
IN THE INTEREST OF C.E.C., A MINOR CHILD
On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-08-10464
ORDER This is an accelerated appeal from an order terminating pro se appellant’s parental rights
to his child C.E.C. See TEX. R. APP. P. 28.4. The clerk’s record and reporter’s record have been
filed. Appellant is indigent and entitled to proceed without prepayment of costs. See TEX. R.
APP. P. 20.1. Appellant is currently incarcerated. On January 12, 2017, we notified appellant
that his notice of appeal appeared untimely and informed him he could remedy the timeliness
problem by filing a motion to extend the time to file his notice of appeal. On January 25, 2017
appellant filed the following pro se motions: (1) motion to extend time to file his notice of appeal
and (2) motion requesting appointment of counsel.
We GRANT appellant’s motion to extend time to file his notice of appeal. Appellant’s
pro se notice of appeal filed on November 28, 2016 is considered timely filed for jurisdictional
purposes. We GRANT appellant’s motion requesting appointment of counsel to the extent that we
ORDER the trial court to conduct a hearing WITHIN 15 DAYS of the date of this order to
determine whether appellant is entitled to court-appointed counsel in this appeal. The trial court
shall make written findings as to appellant’s request for appointment of counsel. If the trial court
finds that appellant is entitled to court-appointed counsel, we ORDER the trial court to appoint
an attorney to represent appellant in this appeal. If the trial court finds that appellant is not
entitled to court-appointed counsel, the trial court shall determine whether appellant will retain
counsel to represent him in this appeal and, if so, the name, State Bar number, and contact
information for retained counsel.
We ORDER Felicia Pitre, Dallas County District Clerk, to transmit to this Court
WITHIN TWENTY DAYS of the date of this order a supplemental clerk’s record containing
the trial court’s written findings of fact and any order appointing counsel.
We ORDER Joie Rivera, Official Court Reporter for the 255th Judicial District Court to
transmit WITHIN TWENTY DAYS of the date of this order a reporter’s record from the
hearing.
Texas Rule of Judicial Administration 6.2(a) requires the appellate court to dispose of an
appeal from a judgment terminating parental rights so far as reasonably possible within 180 days
after the notice of appeal is filed. In an effort to ensure this appeal proceeds expeditiously and
without undue delay, we ORDER appellant’s brief due WITHIN THIRTY-FIVE DAYS of the
date of the trial court’s hearing regarding the appointment of counsel. No motions requesting an
extension of time to file appellant’s brief will be granted absent exigent circumstances. We DIRECT the Clerk to send copies of this order to the Honorable Kim Cooks,
Presiding Judge of the 255th Judicial District Court; Ms. Pitre; Ms. Rivera, and all parties and
counsel of record.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will
be reinstated WITHIN TWENTY DAYS from the date of this order or when the requested
findings are received, whichever occurs sooner.
/s/ DAVID L. BRIDGES PRESIDING JUSTICE
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