ACCEPTED
01-15-00556-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/28/2015 8:18:49 PM
CHRISTOPHER PRINE
CLERK
N0. 01-15-00556-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
12/28/2015 8:18:49 PM
FOR THE FIRST DISTRICT CHRISTOPHER A. PRINE
Clerk
OF TEXAS AT HOUSTON
IN THE INTEREST OF
S.R.-M.C., CHILD
R.A.C., SR., AKA R.C., APPELLANT
VS.
DEPARTMENT OF FAMILY & PROTECTIVE
SERVICES, APPELLEE
ON APPEAL FROM
THE 313TH DISTRICT COURT OF
HARRIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 2010-08247J
UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW DONALD M. CRANE (“appellate counsel”), appointed
attorney ad litem on appeal for Appellant, R.A.C., Sr., aka R.C., respondent
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father, and hereby files this Unopposed Motion for Withdrawal of Counsel.
Donald M. Crane requests the Court grant him leave to withdraw as Attorney
ad litem on appeal for Appellant R.A.C., Sr., aka R.C., in accordance with
Texas Rules of Appellate Procedure (“TRAP”) Tex. R. App. P. 6.5, and in
support would show as follows:
1. Appellate counsel forwarded correspondence dated December 29,
2015, to Appellant enclosing a copy of the Court’s Memorandum
Opinion dated November 17, 2015, (“Memorandum Opinion“)
by U.S. First Class Mail and Certified Mail, Return Receipt
Requested #7014 2120 0003 3959 1292 to Appellant’s last
known address:
10091 Stonybrook Circle, Apt. A
Indianapolis, Indiana 46229
(317) 912-5762.
2. Appellate counsel advised of his duty to re-evaluate the appeal to
determine the merit of further appellate action and advised that
such is frivolous. Tex. R. App. P. 62.
3. Appellate counsel further explained that Appellant on his own
may pursue a petition for review in the Supreme Court of Texas,
but that such is frivolous.
4. Appellate counsel further explained that Appellant should retain
private counsel as to the merits of pursuing a petition for review
in the Supreme Court of Texas.
5. Appellate counsel further explained that Appellant has a current
filing deadline of January 4, 2016, and that should he
pursue a petition for review in the Supreme Court of Texas, he
should first consult Tex. R. App. P. 53.
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6. Appellate counsel further explained that Appellant may
Contact the Supreme Court of Texas, P.O. Box 12248,
Austin, Texas 78711, (512) 463-1312, for further information.
7. Finally, Appellate counsel advised Appellant of his right to
object to this motion for withdrawal of counsel, enclosing then
forwarding a copy of said motion December 29, 2015 by U.S.
First Class Mail and Certified Mail, Return Receipt Requested
#7014 2120 0003 3959 1292 to Appellant’s last known address:
10091 Stonybrook Circle, Apt. A
Indianapolis, Indiana 46229
(317) 912-5762.
WHEREFORE, PREMISES CONSIDERED, Donald M. Crane prays
that the Court enter an order discharging him as Appellate Counsel for R.A.C.,
Sr. aka R.C.
Respectfully submitted,
/s/ Donald M. Crane
Donald M. Crane
810 South Mason Road, Suite
350
Katy, Texas 77450
Telephone (281) 392-6611
Facsimile (281) 392-5383
State Bar No. 05005900
donmcrane@gmail.com
ATTORNEY AD LITEM ON
APPEAL FOR
APPELLANT R.A.C., SR.,
aka R.C.
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CERTIFICATE OF CONFERENCE
This motion is unopposed.
/s/ Donald M. Crane
Donald M. Crane
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CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of December, 2015, a true
and correct copy of the foregoing Unopposed Motion for Withdrawal of
Counsel was served in accordance with the TRAP.
1. Sandra D. Hachem
Senior Assistant County Attorney
1019 Congress Avenue, 16th Floor
Houston, Texas 77002-1700
(713) 437-4700 fax
2. Sylvia Yvonne Escobedo
917 Franklin, Suite 100
Houston, Texas 77002-1930
(713) 655-0200 fax
/s/ Donald M. Crane
Donald M. Crane
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in the Interest of S. R.- M. C.
Combined Opinion