in the Interest of L.A. Children ( 2014 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    October 27, 2014
    No. 04-14-00639-CV
    IN THE INTEREST OF L.A., et al children,
    From the 224th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013-PA-01513
    Honorable Charles E. Montemayor, Judge Presiding
    ORDER
    This is an appeal from an order terminating appellant’s parental rights to her children.
    Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 
    386 U.S. 738
    (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R.,
    No. 04-03-00096-CV, 
    2003 WL 21157944
    , at *4 (Tex. App.—San Antonio 2003, no pet.), we
    held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect
    the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill
    his ethical obligations, to assist the court in deciding appeals, and to provide consistent
    procedures for all indigent litigants. In compliance with the procedure set out in Anders,
    appellant’s attorney has informed appellant of her right to file her own brief. See Nichols v. State,
    
    954 S.W.2d 83
    , 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 
    924 S.W.2d 176
    ,
    177 n.1 (Tex. App.—San Antonio 1996, no pet.).
    If appellant desires to file a pro se brief, she must do so within twenty (20) days from
    the date of this order. If appellant files a pro se brief, appellee may file a responsive brief no later
    than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the
    motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further
    order of the court.
    _________________________________
    Karen Angelini, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 27th day of October, 2014.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-14-00639-CV

Filed Date: 11/7/2014

Precedential Status: Precedential

Modified Date: 11/8/2014