in the Matter of T.M.

• Court: Court of Appeals of Texas
• Decided: August 8, 2019
• Docket: 09-18-00183-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-18-00183-CV _________________

IN THE MATTER OF T.M.

________________________________________________________________________

On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Cause No. 16-05-05621-JV ________________________________________________________________________

ORDER

T.M. filed a notice of appeal of the trial court’s April 6, 2018 order modifying

the disposition of the trial court’s March 20, 2017 order of probation for determinate

sentencing. T.M.’s parent, O.M., filed a brief. On July 11, 2019, we noted that no

brief had been filed on behalf of T.M. and asked the parties if the case should be

remanded to the trial court for a hearing to determine whether T.M. desires to appeal.

We received a response from the attorney who filed notice of appeal for T.M. but it

1 has not been shown to the satisfaction of this Court that T.M. desires to appeal and

adopt the brief filed by O.M.

It is, therefore, ORDERED that the appeal is abated and the case is remanded

to the trial court for a hearing at which T.M. shall be personally present. The trial

court shall determine whether T.M. has waived the right to appeal, and if not,

whether T.M. desires to appeal and whether T.M. desires to adopt the brief of O.M.

All appellate timetables are suspended pending resolution of this matter in the trial

court. A supplemental clerk’s record containing any orders and findings made by the

trial court pursuant to this Order, together with a reporter’s record of any hearings

conducted by the trial court, shall be filed with the Court of Appeals by September

9, 2019.

ORDER ENTERED August 8, 2019. PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.