in the Interest of R. J, Jr., a Child v. Department of Family and Protective Services

• Court: Court of Appeals of Texas
• Decided: January 10, 2019
• Docket: 01-18-00729-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION Cause number: 01-18-00729-CV Style: In the Interest of R.J., Jr., A Child Date motions filed*: January 2, 2019 Type of motions: Motion to Withdraw as Attorney of Record on Appeal Party filing motions: Appellant E.M.’s Appointed Counsel, Farrah F. Harper Document to be filed: N/A

Ordered that motion is: ☐ Granted ☒ Denied ☐ Dismissed (e.g., want of jurisdiction, moot) ☒ Other: Counsel’s motion to withdraw states that “[t]his Court requires the filing of a Motion to Withdraw upon the filing of a brief.” However, a motion to withdraw by appointed counsel is generally required only when accompanying an Anders brief and here, the amended brief was not an Anders brief. See In the Interest of P.M., 520 S.W.3d 24, 27 (Tex. 2016) (holding that right to counsel in termination appeals includes filing of petition for review and, thus, “an Anders motion to withdraw brought in the court of appeals, in the absence of additional grounds for withdrawal, may be premature”) (citing Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967)); see also In the Interest of A.M., 495 S.W.3d 573, 582 (Tex. App.—Houston [1st Dist.] 2016, pet. denied) (denying motion to withdraw after affirming termination in Anders case). Accordingly, counsel’s motion is denied._________________________________________________

Judge’s signature: _/s/ Laura Carter Higley_______________________________________ ☒ Acting individually ☐ Acting for the Court Date: ___January 10, 2019______