in the Matter of M.T.F.S.

IN THE
TENTH COURT OF APPEALS
No. 10-18-00316-CV
IN THE MATTER OF M.T.F.-S.
From the County Court at Law
Coryell County, Texas
Trial Court No. 18-2333
ABATEMENT ORDER
On September 21, 2018, the trial court, sitting as a juvenile court, signed an order
waiving jurisdiction over this case and transferring Appellant, a seventeen-year-old
juvenile, to district court. See TEX. FAM. CODE ANN. § 54.02. Appellant filed a notice of
appeal on October 9, 2018.
On November 30, 2018, the Clerk of this Court notified Appellant that the $205
filing fee in this cause was past due and that the appeal would be dismissed if Appellant
did not either establish the right to proceed without payment of costs or pay the filing fee
within fourteen days of the date of the letter. No response has been received from
Appellant.
On November 28, 2018, the Clerk of this Court notified Appellant that we have not
received the docketing statement and that the docketing statement must be filed within
twenty-one days of the date of the letter. No response has been received from Appellant.
Appellant’s brief was originally due on or before November 14, 2018. When no
brief was filed, the Clerk of this Court notified Appellant by letter dated November 28,
2018 that the brief was late and that, unless a brief or satisfactory response was received
within fourteen days, the Court would abate the appeal to the trial court for a hearing to
determine why a brief has not been filed on Appellant’s behalf and to assure that
Appellant is receiving effective assistance of counsel. No brief or response has been
received from Appellant.
In light of the foregoing, the Court abates this cause to the trial court for a hearing
to determine: (1) why the Court has received no response from Appellant; (2) whether
Appellant still desires to proceed with this appeal; (3) whether Appellant’s attorney has
abandoned the appeal; and (4) whether the appointment of an attorney to represent
Appellant in this appeal is necessary.
The trial court shall conduct the hearing within 14 days after the date of this Order.
The trial court clerk and court reporter shall file supplemental records within 28 days
after the date of this Order.
PER CURIAM
In the Matter of M.T.F.-S. Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed January 9, 2019
In the Matter of M.T.F.-S. Page 3