in the Interest of J.M, B.L.U., B. L.U., K.U. Children

• Court: Court of Appeals of Texas
• Decided: August 17, 2015
• Docket: 01-15-00525-CV
• Status: Published

Opinion

ACCEPTED 01-15-00525-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/17/2015 2:41:16 PM CHRISTOPHER PRINE CLERK

No. 01-15-00525-CV __________________________________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST JUDICIAL DISTRICT 8/17/2015 2:41:16 PM OF TEXAS AT HOUSTON CHRISTOPHER A. PRINE Clerk ___________________________________________________________

IN THE INTEREST OF J.M., B.L.U., B.L.U. and K.U., Children

_________________________________________________________

S.P.M., Appellant

v.

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee _________________________________________________________

On Appeal from the 314th District Court Harris County, Texas Trial Court Cause No. 2013-05384J ____________________________________________________________

COUNSEL’S MOTION TO WITHDRAW AFTER FILING ANDERS BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

WILLIAM M. THURSLAND, appointed appellate counsel for S.P.M., appellant, files his motion to withdraw and in support thereof respectfully shows: 1. Contemporaneously with filing this motion, Counsel is filing a brief wherein he concludes that the referenced appeal is frivolous pursuant to Anders v. California, 386 U.S. 738 (1967) 2. In support of this motion, counsel states: a. He sent a copy of the Anders brief to appellant on August 17, 2015 along with a letter explaining that she has the right to file a pro se brief within 30 days as well as her right to file a petition for review with the Texas Supreme Court within 45 days of the last order issued by the Court of Appeals. b. The brief and letter were forwarded to appellant at her last known address by certified mail, return receipt requested, first class U.S. mail as well as by electronic delivery to her last known email address. c. In the letter to appellant, counsel further explained that the Court of Appeals conducts its own independent review of the record. If it determines that there is any colorable claim for appeal, the Court will grant counsel’s motion to withdraw and abate the appeal to permit the trial court to appoint a new appellate attorney with directions to file another brief. WHEREFORE, WILLIAM M. THURSLAND, appointed appellate counsel for S.P.M., appellant, prays that this motion be granted and he be permitted to withdraw as her counsel.

Respectfully submitted, /s/ william m thursland ___________________________ William M. Thursland TBN: 20016200 440 Louisiana St., Ste. 1130 Houston, TX 77002 Email: wmthursland@hotmail.com (713) 655-0200 x 105; Fax: (713) 655-9035

Attorney for Appellant, S.P.M. CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), I certify that appellee’s counsel, Sandra D. Hachem, is unopposed to this motion.

/s/ william m thursland ______________________ William M. Thursland

CERTIFICATE OF SERVICE

I certify that a true and correct copy of appellant’s brief was served in accordance with TRAP on August 17, 2015 on: (1) Sandra D. Hachem, Sr. assistant Harris County attorney, 1019 Congress, 15th Fl., Houston, TX 77002, by electronic delivery; (2) Gary Polland, 2211 Norfolk, Ste. 920, Houston, TX 77098, attorney ad litem for the children, by hand or electronic delivery; and, (3) S.P.M., appellant, to her last known address: 11410 Brooklyn St., TRLR 261, Houston, TX 77093 by certified mail, return receipt requested & U.S. First Class Mail and by electronic delivery to sandrapmccormick@yahoo.com

/s/ william m. thursland _________________________ William M. Thursland