NO. 07-08-0146-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

MAY 27, 2008

______________________________

IN THE MATTER OF THE MARRIAGE OF

LINDA M. MCGUYER AND MICHAEL S. GARCIA

_________________________________

FROM THE COUNTY COURT AT LAW NO. 2 OF RANDALL COUNTY;

NO. 58,099-L2; HONORABLE RONNIE WALKER, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

          Appellant, Linda McGuyer, perfected an appeal from the trial court’s judgment finding that the parties were not married. McGuyer has now filed a motion to dismiss her appeal and has conformed to the requirements of Rule 10.1 of the Texas Rules of Appellate Procedure. This disposition is authorized by Rule 42.1(a)(1) and 43.2(f) of the Texas Rules of Appellate Procedure. Finding the motion complies with the requirements of Rules 10.1 and 42.1(a), we dismiss the appeal. Further, the court will tax costs against McGuyer. Tex. R. App. P. 42.1(d).

          Having disposed of this appeal at McGuyer’s request, we will not entertain a motion for rehearing and our mandate shall issue forthwith.

                                                                Per Curiam

#160;  whether appellant is indigent;

          2.       whether appellant desires to prosecute the appeals;

3. whether appellant has been denied the effective assistance of counsel due to appellate counsel’s failure to timely file appellate briefs. See Evitts v. Lucey, 469 U.S. 387, 394, 105 S. Ct. 830, 834-35, 83 L. Ed.2d 821, 828 (1985) (holding that an indigent defendant is entitled to the effective assistance of counsel on the first appeal as of right and that counsel must be available to assist in preparing and submitting an appellate brief).

          We further direct the trial court to issue findings of fact and conclusions of law addressing the foregoing subjects. Should the trial court find that appellant desires to pursue the appeals, is indigent, and has been denied effective assistance of counsel, we further direct it to appoint new counsel to assist in the prosecution of the appeals. The name, address, phone number, telefax number, and state bar number of the new counsel, if any, who will represent appellant on appeal must also be included in the court’s findings of fact and conclusions of law. Furthermore, the trial court shall also cause to be developed 1) a supplemental clerk’s record in each case containing the findings of fact and conclusions of law and 2) a reporter’s record in each case transcribing the evidence and argument presented at the aforementioned hearing. Additionally, the trial court shall cause the supplemental clerk’s records to be filed with the clerk of this court on or before September 4, 2009. Should additional time be needed to perform these tasks, the trial court may request same on or before September 4, 2009.

          It is so ordered.

                                                                           Per Curiam

Do not publish.