in the Interest of R.C., J.C., and E.C., Children

Court of Appeals of Texas

in the Interest of R.C., J.C., and E.C., Children

DecidedSeptember 8, 2022

Docket11-22-00239-CV

StatusPublished

This text of in the Interest of R.C., J.C., and E.C., Children (in the Interest of R.C., J.C., and E.C., 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.

Bluebook

in the Interest of R.C., J.C., and E.C., Children, (Tex. Ct. App. 2022).

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Opinion

Order filed September 8, 2022

In The

Eleventh Court of Appeals __________

No. 11-22-00239-CV __________

IN THE INTEREST OF R.C., J.C., AND E.C., CHILDREN

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV2105176

ORDER On August 24, 2022, the father of the children filed a notice of accelerated appeal from a final order signed on June 23, 2022. When the appeal was filed in this court, we noted that the notice of appeal appeared to be untimely. See TEX. R. APP. P. 26.1(b). Appellant has filed in the trial court (1) a request for permission to file an out-of-time appeal; (2) a document in which he explains that the district clerk did not send him any notice of the final order until July 22, 2022, and that he did not receive notice of the order until August 24; and (3) a motion to withdraw as counsel. See TEX. R. CIV. P. 306a; see also TEX. R. APP. P. 6.5, 26.1(b). We abate this appeal. TEX. R. CIV. P. 306a provides that, if within twenty days after a judgment is signed, a party adversely affected by it has neither received the required notice nor acquired actual knowledge of the judgment, the appellate deadlines shall begin to run from the date that such party received notice or acquired actual knowledge of the rendition of judgment. TEX. R. CIV. P. 306a.4; see also TEX. R. APP. P. 4.2(a). In order to establish the application of the rule, the adversely affected party must “prove in the trial court, on sworn motion and notice, the date on which the party or his attorney first either received a notice of the judgment or acquired actual knowledge of the signing and that this date was more than twenty days after the judgment was signed.” TEX. R. CIV. P. 306a.5; see also TEX. R. APP. P. 4.2(b). After hearing the motion, the trial court shall sign a written order indicating the date when the party first received notice or acquired actual knowledge of the signing of the judgment. TEX. R. APP. P. 4.2(c). Appellant has not presented this court with any finding by the trial court reflecting the date that he received notice or acquired actual knowledge of the June 23 order. We abate this appeal to provide Appellant an opportunity to obtain the requisite findings from the trial court and for the trial court to determine whether Appellant’s counsel should be permitted to withdraw as counsel in this appeal. If these matters are pursued by Appellant in the trial court, the trial court clerk is directed to furnish the trial court’s findings to this court on or before September 28, 2022. The appeal is abated.

PER CURIAM September 8, 2022 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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Order filed September 8, 2022

In The

Eleventh Court of Appeals __________

No. 11-22-00239-CV __________

IN THE INTEREST OF R.C., J.C., AND E.C., CHILDREN

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV2105176

ORDER On August 24, 2022, the father of the children filed a notice of accelerated appeal from a final order signed on June 23, 2022. When the appeal was filed in this court, we noted that the notice of appeal appeared to be untimely. See TEX. R. APP. P. 26.1(b). Appellant has filed in the trial court (1) a request for permission to file an out-of-time appeal; (2) a document in which he explains that the district clerk did not send him any notice of the final order until July 22, 2022, and that he did not receive notice of the order until August 24; and (3) a motion to withdraw as counsel. See TEX. R. CIV. P. 306a; see also TEX. R. APP. P. 6.5, 26.1(b). We abate this appeal. TEX. R. CIV. P. 306a provides that, if within twenty days after a judgment is signed, a party adversely affected by it has neither received the required notice nor acquired actual knowledge of the judgment, the appellate deadlines shall begin to run from the date that such party received notice or acquired actual knowledge of the rendition of judgment. TEX. R. CIV. P. 306a.4; see also TEX. R. APP. P. 4.2(a). In order to establish the application of the rule, the adversely affected party must “prove in the trial court, on sworn motion and notice, the date on which the party or his attorney first either received a notice of the judgment or acquired actual knowledge of the signing and that this date was more than twenty days after the judgment was signed.” TEX. R. CIV. P. 306a.5; see also TEX. R. APP. P. 4.2(b). After hearing the motion, the trial court shall sign a written order indicating the date when the party first received notice or acquired actual knowledge of the signing of the judgment. TEX. R. APP. P. 4.2(c). Appellant has not presented this court with any finding by the trial court reflecting the date that he received notice or acquired actual knowledge of the June 23 order. We abate this appeal to provide Appellant an opportunity to obtain the requisite findings from the trial court and for the trial court to determine whether Appellant’s counsel should be permitted to withdraw as counsel in this appeal. If these matters are pursued by Appellant in the trial court, the trial court clerk is directed to furnish the trial court’s findings to this court on or before September 28, 2022. The appeal is abated.

PER CURIAM September 8, 2022 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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in the Interest of R.C., J.C., and E.C., Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rc-jc-and-ec-children-texapp-2022.