in the Interest of M.K. and V.G., Children

Order entered November 15, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01297-CV
IN THE INTEREST OF M.K. AND V.G., CHILDREN
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-30160-2017
ORDER
This is an accelerated appeal in a parental termination case filed by the Department of
Family and Protective Services. See TEX. R. APP. P. 28.4. The clerk’s and reporter’s records
have been filed, and appellant’s brief is currently due December 2, 2018.
The clerk’s record reflects appellant is indigent and that the trial court appointed Mark
Heidenheimer to represent appellant at trial. The record further reflects the trial court “released”
Mr. Heidenheimer from further representation of appellant on November 5, 2018. However, the
record does not include appellant’s contact information and does not reflect appellant, who is
presumed to remain indigent through any appeals absent changed circumstances, has been
appointed appellate counsel. See In re P.M., 520 S.W.3d 24, 26 (Tex. 2016) (citation omitted).
Accordingly, we ORDER the trial court to appoint counsel to represent appellant on
appeal and to transmit to this Court, no later than November 26, 2018, a supplemental clerk’s
record containing the order of appointment. For purposes of notification, Mr. Heidenheimer
shall remain in our records as appellant’s counsel.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable
Angela Tucker, Presiding Judge of the 199th Judicial District Court; Collin County District Clerk
Lynne Finley; and counsel, including Mr. Heidenheimer.
We ABATE the appeal, including the deadline to file appellant’s brief, to allow the trial
court an opportunity to comply with this order. It shall be reinstated no later than November 30,
2018. Upon reinstatement, the deadline for filing appellant’s brief shall be reset.
/s/ DAVID EVANS
JUSTICE