in the Interest of S.B. & S.B., Children ( 2020 )

ACCEPTED
05-20-00055-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
3/31/2020 11:48 AM
LISA MATZ
CLERK
NO. 05-20-00055-CV
IN THE INTEREST OF § IN THE COURT OF APPEALS
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
S.B. AND S.B., § FOR THE FIFTH DISTRICT
3/31/2020 11:48:38 AM
LISA MATZ
Clerk
CHILDREN § OF TEXAS AT DALLAS
ON APPEAL FROM THE 305TH DISTRICT COURT OF DALLAS
COUNTY, TEXAS IN CAUSE NO. 12-1096-X
MOTION TO ALLOW APPOINTED COUNSEL TO WITHDRAW
AND TO APPOINT NEW APPELLATE COUNSEL
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW Appellant’s attorney of record, April E. Smith, and respectfully
requests that this Court allow appointed counsel to withdraw and to appoint new
counsel.
Appellant’s parental rights were terminated by judgment in Cause No. 12-
1096-X signed December 9, 2019 and the notice of appeal was filed on January 9,
2020.
The brief was due on March 25, 2020.
Counsel has some temporary health issues that are currently prohibiting her
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from completing the appeals currently assigned to her. Counsel seeks to withdraw
so that the appeal may proceed promptly with another attorney representing
Appellant.
WHEREFORE, PREMISES CONSIDERED, the undersigned attorney
prays that this Court will grant this Motion and abate the appeal to order the
appointment of new counsel.
Respectfully submitted,
/s/ April E. Smith
APRIL E. SMITH
ATTORNEY FOR APPELLANT
STATE BAR NO. 18532800
P.O. BOX 870550
MESQUITE, TEXAS 75187-0550
972-613-5751
FAX: 972-686-4714
april@aesmithlaw.com
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CERTIFICATE OF CONFERENCE
On March 31, 2020, the undersigned spoke with Dallas County Assistant
District Attorney, Laura Coats, the attorney for the Department on the merits of the
motion. Ms. Coats does not oppose the motion.
/s/ April E. Smith
April E. Smith
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been e-served via
efile.txcourts.gov on the Dallas County Criminal District Attorney’s Office Appellate
Division, at dcdaappeals@dallascounty.org on March 31, 2020.
/s/ April E. Smith
April E. Smith
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