IN THE
TENTH COURT OF APPEALS
No. 10-15-00101-CV
No. 10-15-00108-CV
IN THE INTEREST OF J.T., A CHILD
AND
IN THE INTEREST OF M.K., A CHILD
From the 74th District Court
McLennan County, Texas
Trial Court Nos. 2013-2639-3 and 2013-154-3
ORDER
The above appeals are proceedings involving the Texas Department of Family
and Protective Services that ordered the termination of the parent-child relationship
between William K. and his children, J.T. and M.K. Nita Fanning was appointed by the
trial court to represent William K. on appeal and in each appeal has filed a motion to
withdraw and brief in support of her motion pursuant to Anders v. California, 386 U.S.
738, 87 S. Ct. 1396, 18 L. Ed.2d 493 (1967). This Court has not ruled on the pending
motions to withdraw. It has come to the attention of this Court that Nita Fanning has
passed away.
Because William K. has the right to appointed counsel throughout his appeals to
this Court, these proceedings must be abated for the trial court to appoint new counsel
for William K. See In re M.V.G., 285 S.W.3d 573 (Tex. App.—Waco 2009, order), disp. on
merits, No. 10-09-00054-CV, 2010 Tex. App. LEXIS 1577 (Tex. App.—Waco Mar. 3, 2010,
no pet.). Therefore, we abate these appeals for the trial court to appoint new counsel to
represent William K. Because these are accelerated appeals, any hearing should be
conducted within fourteen days of this Order. Any orders signed by the trial court shall
be included in a supplemental clerk’s record. New appellate counsel will have fourteen
days after appointment by the trial court to advise this Court in writing of counsel’s
intent to adopt the motions to withdraw and briefs in support of the motions to
withdraw pursuant to Anders or to file a new brief on the merits with this Court in each
appeal. If counsel intends to file a new brief on the merits, because of the length of time
these appeals have been pending the brief must be filed within thirty days of counsel’s
appointment and motions for extension will be highly disfavored. See TEX. R. JUD.
ADMIN. 6.2(a).
PER CURIAM
In the Interest of J.T. and M.K., Children Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeals abated
Order delivered and filed September 3, 2015
In the Interest of J.T. and M.K., Children Page 3