in the Interest of D. J.G. a Child v. Department of Family and Protective Services ( 2023 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ABATEMENT ORDER
Appellate case name: In the Interest of D.J.G., a Child
Appellate case number: 01-22-00870-CV
Trial court case number: 2021-01520J
Trial court: 315th District Court of Harris County
Appellant, father, has filed a notice of appeal of the trial court’s order terminating his
parental rights to his child, D.J.G. Appellant’s court-appointed counsel on appeal has filed a
motion to withdraw from representing appellant and an Anders brief in which she concludes that
“[b]ased on [her] professional evaluation of the record, . . . there are no arguable grounds for
appeal and that [appellant’s] appeal is wholly frivolous.” See Anders v. California, 386 U.S. 738,
744 (1967); In re A.M., 495 S.W.3d 573, 582 (Tex. App.—Houston [1st Dist.] 2016, pet. denied).
When we receive an Anders brief from an appellant’s appointed attorney who asserts that
no arguable grounds for appeal exist, we must determine that issue independently by conducting
our own review of the entire record. In re C.S., No. 01-16-00152-CV, 2016 WL 4408980, at *1
(Tex. App.—Houston [1st Dist.] Aug. 16, 2016, pet. denied) (mem. op.). If we determine that
arguable grounds for appeal exist, we abate the appeal and remand the case to the trial court to
allow the appointed attorney to withdraw and for the trial court to appoint another attorney to
present all arguable grounds for appeal. In re C.S., 2016 WL 4408980, at *1; see also In re
Schulman, 252 S.W.3d 403, 407 n.12 (Tex. Crim. App. 2008) (stating arguable ground for appeal
is one that could “conceivably persuade the court”).
Here, we have reviewed the appellate record and appointed counsel’s Anders brief and
conclude that the appeal warrants further development by new appellate counsel on the following
arguable grounds for appeal: whether the evidence is legally and factually insufficient to support
the trial court’s finding that termination of appellant’s parental rights was in the best interest of
D.J.G. and whether the trial court erred in overruling appellant’s objections to certain exhibits
admitted at trial.1 See TEX. FAM. CODE ANN. § 161.001(b)(2); see also Stafford v. State, 813
S.W.2d 503, 511 (Tex. Crim. App. 1991) (“After an attorney files a proper Anders brief (which
should be filed with a request for withdrawal from the case) . . . , the Court of Appeals . . . must
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New appellate counsel is not prevented from briefing any other arguable grounds of appeal.
conduct its own investigation of the record to discover if there are arguable grounds. If grounds
are deemed arguable, the Court of Appeals then must abate the appeal and remand the case to the
trial court with orders to appoint other counsel to present those and any other grounds that might
support the appeal.”). Accordingly, we abate the appeal and remand the case to the trial court
with instructions to appoint new counsel to represent appellant on appeal and have a supplemental
clerk’s record containing that appointment filed in this appeal with the Clerk of this Court no later
than 10 days from the date of this order.
Counsel’s appellant’s brief will be due 20 days from the date that counsel is appointed.
See TEX. R. APP. P. 28.4 (“Accelerated Appeals in Parental Termination and Child Protection
Cases”), 38.6(a). Because this is a termination case, this Court is required to bring this appeal to
final disposition within 180 days of November 22, 2022, the date the notice of appeal was filed in
this proceeding, so far as reasonably possible. See TEX. R. JUD. ADMIN. 6.2, reprinted in TEX.
GOV’T. CODE ANN., tit. 2, subtit. F app. Accordingly, no extensions of time will be granted
absent extraordinary circumstances. See TEX. R. APP. P. 38.6(d). Counsel who agrees to handle
this appeal should do so only if he or she can satisfy the briefing deadlines.
The appeal is abated, treated as a closed case, and removed from this Court’s active docket.
It is so ORDERED.
Judge’s signature: ___/s/ Julie Countiss_____
 Acting individually  Acting for the Court
Date: ___January 10, 2023_____
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