in the Matter of the Marriage of Melvin Wayne Sellers and Shannon Joyce Keating and in the Interest of Patsy M. Sellers, a Child ( 2005 )

IN MATTER OF MARRIAGE OF SELLERS NO. 07-04-0397-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JANUARY10, 2005

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IN THE MATTER OF THE MARRIAGE OF MELVIN WAYNE SELLERS AND SHANNON JOYCE KEATING AND IN THE INTEREST OF PATSY M. SELLERS, A CHILD

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FROM THE 3RD DISTRICT COURT OF HENDERSON COUNTY;

NO. 04-056; HONORABLE JIM PARSONS, JUDGE

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Before QUINN and REAVIS and CAMPBELL, JJ.

ORDER

Appellant Melvin Wayne Sellers perfected this appeal challenging the trial court's order (1) dismissing with prejudice his petition for divorce from Shannon Joyce Keating for insufficient evidence of a common law marriage, (2) dividing the property, and (3) terminating the parent-child relationship between him and Patsy M. Sellers pursuant to his voluntary affidavit of relinquishment. The clerk's record and reporter's record have been filed.

On December 22, 2004, Vera C. Bennett, counsel for Shannon, was permitted to withdraw as attorney of record. Counsel for Melvin, Samuel M. George, has also filed a motion to withdraw in which he represents that Melvin left a telephone message with his legal assistant to do nothing in this appeal because his relationship with Shannon was "up in the air." In response to the message from Melvin, counsel wrote him to advise him that no activity in this appeal might result in dismissal for want of prosecution and also cautioned him of the consequences thereof. George concludes in his motion that he cannot effectively represent Melvin and requests he be permitted to withdraw as attorney of record.

George has substantially complied with the requirements of Rule 6.5(a) of the Texas Rules of Appellate Procedure. Thus, we grant the motion to withdraw. Pursuant to Rule 6.5(c) counsel is directed to notify Melvin, in writing, of any previously undisclosed deadlines and advise him that appellant's brief was due to be filed on November 19, 2004.

It is so ordered.

Per Curiam