IN THE
TENTH COURT OF APPEALS
No. 10-07-00298-CV
In the Interest of K.R.L., Jr. and M.R.L.,
Children,
From the 74th District Court
McLennan County, Texas
Trial Court No. 2006-1100-3
memorandum opinion
Appellant’s trial counsel filed a notice of appeal after the trial court entered an order terminating Appellant’s parental rights. Neither the $175.00 filing fee nor an affidavit of indigence for purposes of this appeal has been filed. Appellant’s brief was due on or before November 27, 2007.
We abated this appeal for a hearing in the trial court to determine: (1) why the filing fee has not been paid or an affidavit of indigence has not been filed; (2) why a proper brief has not been filed on Appellant’s behalf; (3) why a statement of points was not timely filed; (4) whether Appellant’s attorney has abandoned the appeal; (5) whether Appellant still desires to proceed with the appeal; (6) whether Appellant is receiving effective assistance of counsel; and (7) whether Appellant desires to represent himself.
The trial court entered an order finding that, to protect Appellant’s right to appeal, trial counsel filed the notice of appeal, but Appellant never contacted counsel to indicate his desire to appeal. The trial court allowed counsel to withdraw.
On February 13, 2008, we sent a letter to Appellant’s last known address advising him that we had abated the appeal for the above reasons and enclosing the trial court’s order and findings. We notified Appellant that we may dismiss his appeal for want of prosecution unless he filed a response showing grounds for continuing the appeal. No response has been filed.
Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.3(b).
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed March 26, 2008
[CV06]