Amanda Salazar v. Texas Department of Family and Protective Services--Appeal from 340th District Court of Tom Green County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00603-CV Amanda Salazar, Appellant v. Texas Department of Family and Protective Services, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL DISTRICT NO. C-09-0124-CPS, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING MEMORANDUM OPINION PER CURIAM Appellant Amanda Salazar s brief was due in this Court on October 27, 2010. On November 16, 2010, this Court sent notice to Salazar s appointed counsel, Rosemary Rose, that her brief was overdue and that if we did not receive from counsel a satisfactory response to this notice on or before November 29, 2010, a hearing before the district court would be ordered. As of this date, counsel has not filed her brief or responded to this Court s notice. The appeal is abated. The district court shall conduct a hearing to determine whether Salazar desires to prosecute this appeal and whether appointed counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b)(2); see also In re T.V., 8 S.W.3d 448, 449-50 (Tex. App. Waco 1999, no pet.) (applying Rule 38.8(b) to suit involving termination of parental rights). The court shall make appropriate findings and recommendations. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter s notes, shall be forwarded to the clerk of this Court for filing as a supplemental record no later than February 7, 2011. See Tex. R. App. P. 38.8(b)(3). Before Justices Puryear, Pemberton and Rose Abated Filed: January 7, 2011 2
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