in the Interest of A.A. Dls, a Child ( 2005 )

                                           NUMBER 13-03-288-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

                           IN THE INTEREST OF A. A. DLS, A CHILD

                             On appeal from the 36th  District Court

                                           of Bee County, Texas.

                               MEMORANDUM OPINION

              Before Chief Justice Valdez and Justices Hinojosa and Castillo

  

                                    Memorandum Opinion Per Curiam

Appellant, Jaime De Los Santos, filed a pro se notice of appeal challenging the trial court's order terminating his parental rights. Both the clerk's record and reporter=s record have been filed.  Appellant's brief was due to be filed on October 23, 2003, but has yet to be filed and no motion for extension of time was filed. By letter dated November 4, 2003, this Court notified appellant at his address in the Estes Unit, Texas Department of Criminal Justice, Venus County, Texas, of the missed deadline.  The Clerk directed appellant to reasonably explain the failure to file a brief, with a showing that the appellee was not significantly injured by the delay, within ten days from the date of receipt of the Court=s notice.  The Court's letter was returned and the Court was informed that appellant was no longer at that address and had left no forwarding address. 

Due to the nature of this appeal as arising from an order terminating parental rights and the potential right of an indigent parent in a termination case to have appointed counsel, we abated this appeal and remanded this cause to the trial court with instructions to hold a hearing to determine (1) whether appellant can be located, (2) whether appellant has abandoned this appeal, (3) whether, if found, appellant desires to proceed with the appeal, (4) whether appellant is indigent, (5) whether appellant continues to be represented by the attorney ad litem appointed in the trial court, (6) whether appellant is entitled to appointed counsel, and (7) whether appellant wishes to waive his right to counsel.  By order, we stated that the trial court could, in its discretion, hold any hearing necessary to ascertain the current status of this appeal, and make any further findings it deems necessary or advisable. 

We have now received the trial court=s findings. According to the supplemental record, the trial court was unable to locate appellant despite having made all efforts to do so.  The record indicates that appellant has not contacted the trial court with a forwarding address or any request for appointment of counsel.  Neither appellant=s court-appointed trial counsel nor counsel for petitioner were aware of appellant=s current whereabouts.

Accordingly, because appellant=s brief has not been filed, and appellant has not provided us with any other address or means of contacting him, we dismiss this appeal for want of prosecution and failure to comply with an order of this Court. See Tex. R. App. P. 38.8(a)(1), 42.3(b), (c).

PER CURIAM

Memorandum Opinion delivered and filed

this the 14th day of July, 2005.