TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00716-CV

Hydi Wall, Appellant

v.

Texas Department of Protective and Regulatory Services, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. FM307244, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant's appointed attorney, Ms. Cheryl Hindera, has filed a motion to withdraw as counsel. This Court may not grant the motion because the effect would be to leave the indigent appellant without counsel. Therefore, the motion is dismissed and counsel is instructed to refile her motion in the district court. That court may grant or deny the motion at its discretion. If counsel is permitted to withdraw, the court shall immediately appoint substitute counsel to effectively represent appellant in this appeal. If substitute counsel is appointed, the district court's order appointing counsel shall be forwarded to the clerk of this Court.

It is ordered December 17, 2004.

Before Chief Justice Law, Justices B. A. Smith and Pemberton

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