Fourth Court of Appeals
San Antonio, Texas
June 15, 2016
No. 04-16-00259-CV
IN THE INTEREST OF A.P., ET AL., CHILDREN,
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-PA-01950
Honorable Martha B. Tanner, Judge Presiding
ORDER
Robert F. Gier, attorney of record for appellant Brittany B., has filed a motion to
withdraw as counsel. In the trial court, Brittany was appointed counsel, but Brittany then retained
Gier. After the trial court signed an order terminating Brittany’s parental rights, Brittany filed a
timely pro se notice of appeal. Because Gier did not file a nonrepresentation notice in
compliance with Texas Rules of Appellate Procedure 6.3 and 6.4, notices in this appeal have
been sent to Gier. See Tex. R. App. P. 6.3, 6.4.
We abate this appeal and remand the case to the trial court; we order the trial court to
conduct a hearing by June 30, 2016, to determine (1) whether Gier’s motion should be granted
and, if so, (2) whether appellant Brittany B. is indigent. If the trial court finds appellant Brittany
B. is indigent, the trial court shall appoint her appellate counsel. We further order the trial court
to file a copy of its orders and written findings, if any, that appellant is not entitled to counsel
with this court immediately after the hearing.
_________________________________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 15th day of June, 2016.
___________________________________
Keith E. Hottle
Clerk of Court