Order entered October 17, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01055-CV
IN THE INTEREST OF A.S., A CHILD
On Appeal from the 304th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 15-00707-W
ORDER
We GRANT April E. Smith’s amended motion to withdraw and appoint substitute
counsel and DIRECT the Clerk of the Court to remove Ms. Smith as counsel for Father.
We ORDER the trial court to conduct a hearing to determine whether Father desires to
prosecute this appeal. If the trial court determines Father does not desire to prosecute this
appeal, it shall make a finding to that effect. If the trial court determines Father desires to
prosecute the appeal, it shall next determine whether Father is entitled to appointed counsel. If
the trial court determines Father is entitled to appointed counsel, the trial court shall appoint
counsel to represent Father. If the trial court determines Father is not entitled to appointed
counsel, the trial court shall then determine whether Father has retained counsel to represent him.
Because this is an accelerated appeal, we ORDER the trial court to transmit to this Court, within
twenty (20) days of the date of this order, the reporter’s record from the hearing and a
supplemental clerk’s record containing the written findings of fact, any supporting
documentation, and any orders.
We DIRECT the Clerk of this Court to send a copy of this order to (1) the Honorable
Andrea Martin, Presiding Judge of the 304th Judicial District Court; (2) Marty Grant, Official
Court Reporter of the 304th Judicial District Court; (3) Ms. Smith; (4) Father; and (5) all other
parties.
We ABATE the appeal to allow the trial court to comply with this order. It shall be
reinstated twenty-five (25) days from the date of this order or when the supplemental record is
received, whichever is earlier.
/s/ CRAIG STODDART
JUSTICE
in the Interest of A.S., a Child
Combined Opinion