in the Interest of R. J, Jr., a Child v. Department of Family and Protective Services

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER ON MOTION
Cause number: 01-18-00729-CV
Style: In the Interest of R.J., Jr., A Child
Date motions filed*: January 2, 2019
Type of motions: Motion to Withdraw as Attorney of Record on Appeal
Party filing motions: Appellant E.M.’s Appointed Counsel, Farrah F. Harper
Document to be filed: N/A
Ordered that motion is:
☐ Granted
☒ Denied
☐ Dismissed (e.g., want of jurisdiction, moot)
☒ Other: Counsel’s motion to withdraw states that “[t]his Court requires the filing of a
Motion to Withdraw upon the filing of a brief.” However, a motion to withdraw by
appointed counsel is generally required only when accompanying an Anders brief and
here, the amended brief was not an Anders brief. See In the Interest of P.M., 520 S.W.3d
24, 27 (Tex. 2016) (holding that right to counsel in termination appeals includes filing of
petition for review and, thus, “an Anders motion to withdraw brought in the court of
appeals, in the absence of additional grounds for withdrawal, may be premature”) (citing
Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967)); see also In the
Interest of A.M., 495 S.W.3d 573, 582 (Tex. App.—Houston [1st Dist.] 2016, pet. denied)
(denying motion to withdraw after affirming termination in Anders case). Accordingly,
counsel’s motion is denied._________________________________________________
Judge’s signature: _/s/ Laura Carter Higley_______________________________________
☒ Acting individually ☐ Acting for the Court
Date: ___January 10, 2019______