N0. 01-15-00556-CV

 

IN THE COURT OF APPEALS

FOR THE FIRST DISTRICT

OF TEXAS AT HOUSTON 

 

IN THE INTEREST OF

S.R.-M.C., CHILD

 

R.A.C., SR., AKA R.C., APPELLANT

VS.

DEPARTMENT OF FAMILY & PROTECTIVE

SERVICES, APPELLEE

 

 

ON APPEAL FROM 

THE 313TH DISTRICT COURT OF

HARRIS COUNTY, TEXAS

TRIAL COURT CAUSE NO. 2010-08247J 

 

 UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW DONALD M. CRANE (“appellate counsel”), appointed 

attorney ad litem on appeal for Appellant, R.A.C., Sr., aka R.C., respondent 

Page 1 of 5 

ACCEPTED

01-15-00556-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/28/2015 8:18:49 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 8:18:49 PM CHRISTOPHER A. PRINE Clerk
father, and hereby files this Unopposed Motion for Withdrawal of Counsel. 

Donald M. Crane requests the Court grant him leave to withdraw as Attorney 

ad litem on appeal for Appellant R.A.C., Sr., aka R.C., in accordance with 

Texas Rules of Appellate Procedure (“TRAP”) Tex. R. App. P. 6.5, and in

support would show as follows:

1. Appellate counsel forwarded correspondence dated December 29,

2015, to Appellant enclosing a copy of the Court’s Memorandum

Opinion dated November 17, 2015, (“Memorandum Opinion“)

by U.S. First Class Mail and Certified Mail, Return Receipt

Requested #7014 2120 0003 3959 1292 to Appellant’s last

known address: 

10091 Stonybrook Circle, Apt. A

Indianapolis, Indiana 46229

(317) 912-5762.

2. Appellate counsel advised of his duty to re-evaluate the appeal to

determine the merit of further appellate action and advised that

such is frivolous. Tex. R. App. P. 62.

3. Appellate counsel further explained that Appellant on his own

may pursue a petition for review in the Supreme Court of Texas, 

but that such is frivolous.

4. Appellate counsel further explained that Appellant should retain 

private counsel as to the merits of pursuing a petition for review 

in the Supreme Court of Texas.

5. Appellate counsel further explained that Appellant has a current

filing deadline of January 4, 2016, and that should he

pursue a petition for review in the Supreme Court of Texas, he 

should first consult Tex. R. App. P. 53.

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6. Appellate counsel further explained that Appellant may 

Contact the Supreme Court of Texas, P.O. Box 12248,

Austin, Texas 78711, (512) 463-1312, for further information.

7. Finally, Appellate counsel advised Appellant of his right to

object to this motion for withdrawal of counsel, enclosing then 

forwarding a copy of said motion December 29, 2015 by U.S.

First Class Mail and Certified Mail, Return Receipt Requested

#7014 2120 0003 3959 1292 to Appellant’s last known address:

10091 Stonybrook Circle, Apt. A

Indianapolis, Indiana 46229

(317) 912-5762.

WHEREFORE, PREMISES CONSIDERED, Donald M. Crane prays 

that the Court enter an order discharging him as Appellate Counsel for R.A.C., 

Sr. aka R.C.

Respectfully submitted,

/s/ Donald M. Crane

Donald M. Crane

810 South Mason Road, Suite 

350

Katy, Texas 77450

Telephone (281) 392-6611

Facsimile (281) 392-5383

State Bar No. 05005900

donmcrane@gmail.com

ATTORNEY AD LITEM ON

APPEAL FOR

APPELLANT R.A.C., SR.,

aka R.C.

Page 3 of 5
CERTIFICATE OF CONFERENCE

This motion is unopposed.

/s/ Donald M. Crane 

Donald M. Crane

Page 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that on this 29th day of December, 2015, a true 

and correct copy of the foregoing Unopposed Motion for Withdrawal of 

Counsel was served in accordance with the TRAP.

1. Sandra D. Hachem

Senior Assistant County Attorney

1019 Congress Avenue, 16th Floor

Houston, Texas 77002-1700

(713) 437-4700 fax

2. Sylvia Yvonne Escobedo

917 Franklin, Suite 100

Houston, Texas 77002-1930

(713) 655-0200 fax

/s/ Donald M. Crane

Donald M. Crane

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