in the Interest of L.A. Children

Court of Appeals of Texas

in the Interest of L.A. Children

DecidedNovember 7, 2014

Docket04-14-00639-CV

StatusPublished

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Fourth Court of Appeals San Antonio, Texas October 27, 2014

No. 04-14-00639-CV

IN THE INTEREST OF L.A., et al children,

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-01513 Honorable Charles E. Montemayor, Judge Presiding

ORDER This is an appeal from an order terminating appellant’s parental rights to her children. Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.), we held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In compliance with the procedure set out in Anders, appellant’s attorney has informed appellant of her right to file her own brief. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).

If appellant desires to file a pro se brief, she must do so within twenty (20) days from the date of this order. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further order of the court.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of October, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas October 27, 2014

No. 04-14-00639-CV

IN THE INTEREST OF L.A., et al children,

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-01513 Honorable Charles E. Montemayor, Judge Presiding

ORDER This is an appeal from an order terminating appellant’s parental rights to her children. Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.), we held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In compliance with the procedure set out in Anders, appellant’s attorney has informed appellant of her right to file her own brief. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).

If appellant desires to file a pro se brief, she must do so within twenty (20) days from the date of this order. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further order of the court.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of October, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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