IN THE
TENTH COURT OF APPEALS
No. 10-09-00061-CV
In the Interest of B.B., a Child,
From the County Court at Law
Hill County, Texas
Trial Court No. 45,718
ABATEMENT ORDER
This is a parental-rights termination case governed by section 263.405 of the Family Code. Before the Court is the motion of the Appellant father’s appointed counsel to withdraw in which counsel asserts that she has been unable to contact him, he has not responded to her letters and phone calls, he did not appear at the indigence hearing, and he has not paid the now-due filing fee in this appeal. An appellant’s brief was filed after the motion to withdraw was filed, but counsel still seeks to withdraw.
We recently held that the trial court should determine whether to grant a motion to withdraw filed by appointed counsel in a parental-rights termination case after an appeal has been perfected. See In re M.V.G., --- S.W.3d ---, ---, 2009 WL 1025381 (Tex. App.—Waco April 10, 2009, order). Accordingly, counsel’s motion to withdraw is denied. We abate this appeal for the trial court to determine (1) whether counsel should be permitted to withdraw; (2) whether new counsel should be appointed to prosecute this appeal; and (3) whether Appellant still desires to proceed with the appeal. Any hearing shall be conducted within fourteen (14) days after the date of this Order. Any orders signed by the trial court shall be included in the clerk’s record, which has not yet been filed. However, the trial court is directed to provide a certified copy of any orders pertaining to the withdrawal of counsel or the appointment of new counsel within twenty-one (21) days after the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
(Chief Justice Gray dissents for the reasons expressed in his dissenting note to the case relied upon by the Court, In re M.V.G. See In re M.V.G., --- S.W.3d ---, ---, 2009 WL 1025381 (Tex. App.—Waco April 10, 2009, order) (Gray, C.J., dissenting)).
Motion to withdraw denied; appeal abated
Order issued and filed May 27, 2009
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