Abatement Order filed May 23, 2019 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00323-CR

____________

JULIA ELIZABETH KUHNS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 2119818

ABATEMENT ORDER

Appellant is represented by retained counsel, Donale Evans. 

On May 2, 2019, time to file appellant’s brief expired without a brief and no 

motion for extension of time was filed. See Tex. R. App. P. 38.6(a). Counsel was 

notified on May 7, 2019, that no brief had been received. No brief or response from 

appellant has been filed.

Therefore, pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) 
2

the judge of the County Criminal Court at Law No. 4 shall (1) immediately conduct 

a hearing, at which appellant, appellant’s counsel, and state’s counsel shall 

participate, either in person or by video teleconference, to determine (a) whether 

appellant desires to prosecute her appeal; (b) whether appellant is indigent; (c) if not 

indigent, whether appellant has abandoned the appeal or whether appellant has failed 

to make necessary arrangements for filing a brief; (d) the reason for the failure to 

file a brief; (e) if appellant desires to continue the appeal, a date certain when 

appellant’s brief will be filed; and (2) prepare a record, in the form of a reporter’s 

record, of the hearing. If appellant is indigent, the judge shall take such measures as 

may be necessary to assure effective representation of counsel, which may include 

the appointment of new counsel. The judge shall see that a record of the hearing is 

made, shall make findings of fact and conclusions of law, and shall order the trial 

clerk to forward a transcribed record of the hearing and a supplemental clerk’s record 

containing the findings and conclusions. Those records shall be filed with the clerk 

of this court on or before June 24, 2019.

The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

trial court’s findings and recommendations are filed in this court. The court will also 

consider an appropriate motion to reinstate the appeal filed by either party, or the 

court may reinstate the appeal on its own motion. It is the responsibility of any party 

seeking reinstatement to request a hearing date from the trial court and to schedule 

a hearing in compliance with this court’s order. If the parties do not request a hearing, 

the court coordinator of the trial court shall set a hearing date and notify the parties 

of such date.

PER CURIAM
3

RULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Failure of Appellant to File Brief.

(b) Criminal Cases.

(1) Effect. An appellant’s failure to timely file a brief does not authorize 

either dismissal of the appeal or, except as provided in (4), consideration of the 

appeal without briefs.

(2) Notice. If the appellant’s brief is not timely filed, the appellate clerk 

must notify counsel for the parties and the trial court of that fact. If the appellate 

court does not receive a satisfactory response within ten days, the court must order 

the trial court to immediately conduct a hearing to determine whether the appellant 

desires to prosecute his appeal, whether the appellant is indigent, or, if not indigent, 

whether retained counsel has abandoned the appeal, and to make appropriate 

findings and recommendations.

(3) Hearing. In accordance with (2), the trial court must conduct any 

necessary hearings, make appropriate findings and recommendations, and have a 

record of the proceedings prepared, which record—including any order and 

findings—must be sent to the appellate court.

(4) Appellate Court Action. Based on the trial court’s record, the 

appellate court may act appropriately to ensure that the appellant’s rights are 

protected, including initiating contempt proceedings against appellant’s counsel. If 

the trial court has found that the appellant no longer desires to prosecute the appeal, 

or that the appellant is not indigent but has not made the necessary arrangements for 

filing a brief, the appellate court may consider the appeal without briefs, as justice 

may require.