In the Interest of K. J. W., A Child--Appeal from 62nd District Court of Hopkins County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00027-CV
______________________________

IN THE INTEREST OF K.J.W., A CHILD
On Appeal from the 62nd Judicial District Court
Hopkins County, Texas
Trial Court No. CV36725
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Counsel for Amanda Shanks, the sole appellant in this case, has filed a motion seeking to dismiss the appeal. In that motion, counsel informed this Court that, due to the accelerated nature of parental rights termination cases, he filed a notice of appeal (along with other documents) in anticipation that Shanks would request such an appeal after the deadline for filing the notice would have passed. He further stated that, despite Shanks' being in contact with him before the trial and having his contact numbers, Shanks had failed to contact him after the trial concluded. The judgment was signed February 2, 2007. Counsel has informed this Court that Shanks never requested that the case be appealed.

Counsel sent a follow-up letter to Shanks by certified mail, return receipt requested, advising her that her right of appeal had been protected and informing her that, if she wished the case appealed, she needed to contact him. Although counsel remembers receiving the return receipt for the letter, that card cannot now be located.

Counsel again, on May 6, 2007, mailed letters to Shanks by certified mail, return receipt requested, and by first-class mail, at her last known address. Those letters were both returned with the notations "ATTEMPTED - NOT KNOWN" and "UNABLE TO FORWARD."

Counsel has attempted in a number of ways to protect Shanks' right of appeal, but she has entirely failed, over a three-month period, to take any action with either court or counsel toward pursuing an appeal.

Based on the information provided to this Court, we conclude counsel's request is appropriate. Therefore, we find that the motion should be granted. See Tex. R. App. P. 42.1.

We dismiss the appeal.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: May 29, 2007

Date Decided: May 30, 2007