in the Interest of M.K. and V.G., Children

CourtCourt of Appeals of Texas
DecidedNovember 15, 2018
Docket05-18-01297-CV
StatusPublished

This text of in the Interest of M.K. and V.G., Children (in the Interest of M.K. and V.G., Children) 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.

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in the Interest of M.K. and V.G., Children, (Tex. Ct. App. 2018).

Opinion

Order entered November 15, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01297-CV

IN THE INTEREST OF M.K. AND V.G., CHILDREN

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-30160-2017

ORDER This is an accelerated appeal in a parental termination case filed by the Department of

Family and Protective Services. See TEX. R. APP. P. 28.4. The clerk’s and reporter’s records

have been filed, and appellant’s brief is currently due December 2, 2018.

The clerk’s record reflects appellant is indigent and that the trial court appointed Mark

Heidenheimer to represent appellant at trial. The record further reflects the trial court “released”

Mr. Heidenheimer from further representation of appellant on November 5, 2018. However, the

record does not include appellant’s contact information and does not reflect appellant, who is

presumed to remain indigent through any appeals absent changed circumstances, has been

appointed appellate counsel. See In re P.M., 520 S.W.3d 24, 26 (Tex. 2016) (citation omitted).

Accordingly, we ORDER the trial court to appoint counsel to represent appellant on

appeal and to transmit to this Court, no later than November 26, 2018, a supplemental clerk’s record containing the order of appointment. For purposes of notification, Mr. Heidenheimer

shall remain in our records as appellant’s counsel.

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable

Angela Tucker, Presiding Judge of the 199th Judicial District Court; Collin County District Clerk

Lynne Finley; and counsel, including Mr. Heidenheimer.

We ABATE the appeal, including the deadline to file appellant’s brief, to allow the trial

court an opportunity to comply with this order. It shall be reinstated no later than November 30,

2018. Upon reinstatement, the deadline for filing appellant’s brief shall be reset.

/s/ DAVID EVANS JUSTICE

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Related

in the Interest of P.M., a Child
520 S.W.3d 24 (Texas Supreme Court, 2016)

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