In the Interest of A.C. and N.C., Children, 07-25-00337-CV, March 24, 2026.
On appeal from County Court at Law No. 1, Randall County, Texas
Synopsis
The Seventh Court of Appeals abated a parental-rights termination appeal and remanded the case to the trial court to rule on appellate counsel’s motion to withdraw due to a conflict and to determine whether replacement counsel must be appointed. The court also imposed a hard deadline—March 31, 2026—for filing a supplemental clerk’s record (findings and conclusions) and a reporter’s record, reflecting the accelerated termination-appeal timetable.
Relevance to Family Law
Even though the order arises in a termination appeal, the procedural lesson applies across Texas family-law dockets—particularly SAPCR modifications and high-stakes custody disputes where expedited settings, temporary orders, and constrained appellate windows create the same risk profile: when representation changes midstream, the record must be developed quickly and correctly, or the appeal can stall, compress briefing schedules, and jeopardize client rights. For divorce and custody litigators, the case is a reminder that withdrawal/appointment issues are not mere housekeeping; they are record-driven events that appellate courts will force trial courts to address with findings, a hearing record, and strict deadlines.
Case Summary
Fact Summary
D.C. appealed an order terminating his parent-child relationship with two children, A.C. and N.C. Briefing was already complete in the Seventh Court of Appeals when D.C.’s appellate counsel moved to withdraw, citing new employment that created an “irreconcilable conflict.” The motion presented an immediate problem in a termination appeal: Texas procedure requires careful protection of the parent’s right to counsel in a case with accelerated appellate timetables, and the appellate court could not simply proceed without ensuring the withdrawal was properly ruled on and that the parent would be represented if appointment was required.
The court’s order reflects that the conflict allegation was not resolved on the appellate record as it stood. To avoid proceeding with uncertain representation—and to protect the integrity of an already-briefed termination appeal—the appellate court paused the appeal and sent the case back to the trial court for targeted action, including development of a supplemental record.
Issues Decided
- Whether the termination appeal should be abated and remanded for the trial court to rule on appellate counsel’s motion to withdraw based on an irreconcilable conflict.
- Whether the trial court must determine if replacement appellate counsel should be appointed for the parent.
- What record and findings are required—and by when—given the expedited timetable applicable to termination appeals.
Rules Applied
The Seventh Court’s order is procedural, but it anchors its directive in the accelerated nature of parental termination appeals and the need for an adequate record:
- Texas Rules of Judicial Administration 6.2(a) (referenced by the court) governing expedited deadlines applicable in parental-rights termination appeals.
- General appellate practice principles requiring the trial court to rule on withdrawal and appointment issues and to develop a record sufficient for appellate review (here, via findings of fact, conclusions of law, and a reporter’s record of any hearing).
Application
With briefs already on file, the court confronted a practical and ethical inflection point: appellate counsel asserted a new employment-based conflict that purportedly made continued representation untenable. Rather than decide the withdrawal request in a vacuum—or proceed without certainty that the parent’s appellate representation was proper—the Seventh Court abated the appeal and remanded to the County Court at Law No. 1 of Randall County.
Importantly, the court did not merely instruct the trial court to “handle” the motion. It ordered a structured remand: the trial court must rule on the withdrawal request, decide whether new appellate counsel must be appointed, and then issue findings of fact and conclusions of law addressing those matters. The appellate court also required creation of a clerk’s record containing the findings and conclusions and a reporter’s record of any evidence and argument presented. Finally, recognizing the statutory/policy imperative for swift resolution of termination appeals, the court imposed an expedited filing deadline—on or before March 31, 2026—to get the supplemental record back to Amarillo.
The order also anticipates downstream appellate administration: if new counsel is appointed, the trial court must include counsel’s identifying and contact information (including State Bar number) in the findings so the appellate court can ensure proper notice, scheduling, and responsibility for the case moving forward.
Holding
The Seventh Court of Appeals abated the appeal and remanded to the trial court to rule on appellate counsel’s motion to withdraw and to determine whether replacement appellate counsel should be appointed. This holding reflects the court’s insistence that representation issues in termination appeals be resolved at the trial-court level, with an adequate record and explicit findings rather than informal docket notations or unrecorded understandings.
The court further held—by directive—that the trial court must issue findings of fact and conclusions of law and ensure a clerk’s and reporter’s record are filed by March 31, 2026, emphasizing that termination appeals operate on a compressed timetable and that record-development on remand must match that pace.
Practical Application
For Texas family-law litigators, this order is a strategic reminder: when an appellate representation issue arises (conflict, breakdown in attorney-client relationship, employment change, substitution), the procedural response must be built for speed and for the record—especially in termination matters where the appellate court will enforce accelerated deadlines.
Practical takeaways include:
- In termination appeals, assume the court of appeals will demand a clear trial-court ruling on withdrawal and appointment, not simply a filed motion.
- If you represent the parent (trial or appellate), treat a withdrawal request as a record-creation event: request a hearing if needed, ensure the conflict basis is presented in a way that can support findings, and make sure a court reporter is present.
- If you represent the Department/adverse party, do not ignore these motions as “opposing counsel’s problem.” Abatement can delay finality; insist on a hearing and a complete record so the appeal can move forward without later procedural detours.
- In divorce/SAPCR cases with expedited interlocutory disputes (temporary orders, mandamus posture, emergency custody), apply the same discipline: withdrawal/substitution can create avoidable delays and preserve-error problems if not handled with an order and an appellate-ready record.
- When new counsel is appointed on remand, ensure there is clarity on whether supplemental briefing will be sought; abatement can reopen strategic decisions about record review and issue selection.
Checklists
Withdrawal/Conflict Motion (Appellate or Trial-Level Counsel)
- Confirm the precise conflict basis and whether it is waivable or non-waivable under the disciplinary rules.
- File a written motion that requests a ruling and, if necessary, a hearing setting on an expedited basis.
- Address the client-notice component (method, date, and content of notice).
- Request that any hearing be on the record with a court reporter present.
- Ask the court to sign a written order granting/denying withdrawal (do not rely on docket entries).
- If the case is a termination appeal, include a proposed order that acknowledges the accelerated appellate timetable.
Appointment/Substitution (Protecting the Client and the Appellate Clock)
- Determine whether the parent is entitled to appointed appellate counsel and whether indigency findings need updating.
- Obtain an explicit ruling on whether new appellate counsel will be appointed.
- If appointment occurs, ensure the order (or findings) includes:
- Name, address, email, phone number, and State Bar number of appointed counsel
- Scope of appointment (appeal only, remand proceedings, etc.)
- Confirm who is responsible for ordering and paying for the reporter’s record on remand.
- Immediately coordinate with newly appointed counsel on deadlines, access to the appellate record, and any need to supplement or correct the record.
Remand Record Development (Avoiding a Second Abatement)
- Ensure the trial court enters findings of fact and conclusions of law that expressly address:
- The motion to withdraw (granted/denied and why, at the level appropriate for findings)
- Whether appointment of new appellate counsel is required
- Confirm the clerk prepares a supplemental clerk’s record containing the findings and conclusions.
- Confirm the reporter transcribes any evidence and argument presented at the hearing.
- Verify filing logistics and deadlines with the district clerk/county clerk and the court reporter.
- Calendar the court of appeals’ record-due date and build in internal buffers for transcript preparation.
Citation
In the Interest of A.C. and N.C., Children, No. 07-25-00337-CV (Tex. App.—Amarillo Mar. 24, 2026) (order of abatement and remand) (per curiam).
Full Opinion
~~2d97fd27-ecfa-459d-9738-41da6e6098eb~~
Share this content: