in the Interest of A.G. and F.G., Children ( 2015 )

ACCEPTED 01-15-00571-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 7:39:02 PM CHRISTOPHER PRINE CLERK N0. 01-15-00571-CV FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 7:39:02 PM FOR THE FIRST DISTRICT CHRISTOPHER A. PRINE Clerk OF TEXAS AT HOUSTON IN THE INTEREST OF A.G. AND F.G., CHILDREN S.F., APPELLANT VS. DEPARTMENT OF FAMILY & PROTECTIVE SERVICES, APPELLEE ON APPEAL FROM THE 313TH DISTRICT COURT OF HARRIS COUNTY, TEXAS TRIAL COURT CAUSE NO. 2013-06904J 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, S.F., respondent mother, and hereby Page 1 of 5 files this Motion for Withdrawal of Counsel. Donald M. Crane requests the Court grant him leave to withdraw as Attorney ad litem on appeal for Appellant S.F., 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 28, 2015, to Appellant enclosing a copy of the Court’s Memorandum Opinion dated December 3, 2015, (“Memorandum Opinion“) by U.S. First Class Mail and Certified Mail, Return Receipt Requested #7011 1150 0001 3843 9600 to Appellant’s last known address: 832 White Boulevard, #104 McComb, MS 39648 (601) 341-4813. 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 her 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 17, 2016, and that should she pursue a petition for review in the Supreme Court of Texas, she should first consult Tex. R. App. P. 53. 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 assistance. Page 2 of 5 7. Finally, Appellate counsel advised Appellant of her right to object to this motion for withdrawal of counsel, enclosing then forwarding a copy of said motion December 28, 2015 by U.S. First Class Mail and Certified Mail, Return Receipt Requested #7011 1150 0001 3843 9600 to Appellant’s last known address: 832 White Boulevard, #104 McComb, MS 39648 (601) 341-4813. WHEREFORE, PREMISES CONSIDERED, Donald M. Crane prays that the Court enter an order discharging him as Appellate Counsel for S.F. 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 S.F. Page 3 of 5 CERTIFICATE OF CONFERENCE This motion is unopposed. /s/ Donald M. Crane Donald M. Crane Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on this 28th day of December, 2015, a true and correct copy of the foregoing 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. John R. Millard 1 Sugar Creek Center Boulevard, Suite 925 Sugar Land, Texas 77478 /s/ Donald M. Crane Donald M. Crane Page 5 of 5