in the Interest of S.R. and D.G., Children ( 2010 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-10-00063-CV

In the Interest of S.R. and D.G., Children,

From the 82nd District Court

Robertson County, Texas

Trial Court No. 08-05-18,111-CV

ABATEMENT ORDER

Appellant Kenneth Rollins filed a notice of appeal and points for appeal on November 23, 2009.  The notice of appeal and points for appeal were signed by Rollins’s attorney of record, Paul J. Smith. Because the order terminating Rollins’s parental rights was not signed until January 25, 2010, Rollins’s notice of appeal was premature and is deemed filed on January 25, 2010.  See Tex. R. App. P. 27.1(a).

To date, Rollins has taken no action in this appeal.  Rollins has not filed a docketing statement.  In a letter dated March 25, 2010 to Mr. Smith, the Court requested that Rollins file the docketing statement within 21 days.

Rollins’s brief was originally due on or before May 25, 2010.  In a letter dated June 9, 2010 to Mr. Smith, the Court provided notice that, unless a brief or satisfactory response was received within 14 days, the Court would abate the appeal and order the trial court to conduct a hearing to determine why a brief has not been filed on Rollins’s behalf and to assure that Rollins is receiving effective assistance of counsel.  See In re T.V., 8 S.W.3d 448, 449-50 (Tex. App.—Waco 1999, order).  Neither Rollins’s brief nor a response has been filed.

The Court abates this cause to the trial court with instructions to hold a hearing to determine:  (1) whether Rollins still desires to proceed with the appeal; (2) why the docketing statement has not been filed on Rollins’s behalf; (3) why a proper brief has not been filed on Rollins’s behalf; (4) whether Rollins’s attorney has abandoned the appeal; (5) whether Rollins is receiving effective assistance of counsel; and (6) whether Rollins desires to represent himself or obtain new counsel.

The trial court shall conduct the hearing within fourteen (14) days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within twenty-eight (28) days after the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal abated

Order issued and filed July 7, 2010

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