M. C. v. Texas Department of Family and Protective Services
This text of M. C. v. Texas Department of Family and Protective Services (M. C. v. Texas Department of Family and Protective Services) 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.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00104-CV
M. C., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF HAYS COUNTY, 428TH JUDICIAL DISTRICT NO. 15-2494, HONORABLE MELISSA MCCLENAHAN, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
This cause arises from a suit to terminate M.C.’s parental rights. The matter was
heard initially by an associate judge, who recommended termination. M.C. subsequently filed an
appeal from the associate judge’s recommendation and a request for a de novo hearing before the
district court.1 While that request was pending, M.C. filed a premature notice of appeal with the
district court clerk, which our Clerk docketed in this cause.2 Since that time, the clerk’s and
reporter’s records from the proceedings below have been filed in this Court.
This Court has now received from M.C.’s newly appointed counsel a motion to abate
the appeal. In it, counsel represents that M.C.’s request for a de novo hearing was granted and that
1 See Tex. Fam. Code § 201.015(a)(1). 2 See Tex. R. App. P. 25.1(a), 27.1(a). the de novo hearing is set to commence on April 17, 2017. Counsel suggests that, “[g]iven the
relatively short period of time until the de novo hearing,” and considering “that a number of records
have already been filed under the appellate case number already assigned,” “it would be judicially
economical to simply abate this matter until a final order is rendered and signed by the district judge
on or shortly after April 17, 2017.”
We agree that the appropriate course of action under these circumstances is to abate
the appeal. Accordingly, we grant appellant’s motion and abate this appeal pending the district
court’s final order in this matter. A supplemental clerk’s record containing the district court’s final
order is due in this Court no later than May 1, 2017. The appeal will be reinstated upon receipt of
the supplemental clerk’s record.
Before Justices Puryear, Pemberton, and Goodwin
Abated and Remanded
Filed: April 12, 2017
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
M. C. v. Texas Department of Family and Protective Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-c-v-texas-department-of-family-and-protective-services-texapp-2017.