IN THE
TENTH COURT OF APPEALS
No. 10-13-00225-CV
IN THE INTEREST OF D.I.T.S. AND D.T.T., CHILDREN
From the 12th District Court
Madison County, Texas
Trial Court No. 12-13048-012-09
MEMORANDUM OPINION
This is an appeal by both the mother, S. S., and the father, M. T., whose parental
rights as to their children were terminated. S. S. and M. T. are represented by different
attorneys on appeal. We have had difficulty in the timely prosecution of this appeal by
both attorneys.
The notices of appeal for this case were filed in July of 2013. In August, the Clerk
of this Court notified each attorney that their respective docketing statements were past
due. In September, the Clerk again notified each attorney that the docketing statements
were past due. The Clerk also notified each attorney that the reporter’s record was past
due and apparently had not been requested. S. S.’s attorney was further notified that
the filing fees for this appeal were past due and that there was no indication in the
clerk’s record that S. S.’s attorney was court-appointed or that S. S. was currently
indigent. The Clerk requested that certain actions be taken by the attorneys within 14
days from the date of the notice. Although S. S.’s docketing statement was filed and we
received other communication by S. S.’s attorney, no other action was taken.
On October 4, 2013, the Clerk again contacted each attorney by letter and
requested that, within 14 days, they either: 1) amend the notice of appeal to add the
statement required by Rule 25.1(d)(8), if applicable, that the appeal is from an order
terminating parental rights and that the appellant is presumed indigent and thus may
proceed without advance payment of costs; 2) pay the necessary filing fee for this
appeal; or 3) file the necessary affidavit of indigence pursuant to Rule 20.1 if necessary.
M. T.’s attorney was also requested to file a docketing statement and request the
preparation of the reporter’s record. Fourteen days passed and the only action taken on
the Clerk’s request was that M. T.’s docketing statement was filed.1
It is unusual that both attorneys in this type of appeal would not be persistent in
pursuing this appeal in a timely fashion. Thus, we questioned whether the parties
themselves wished to continue with the appeal. On November 14, 2013, we abated this
appeal to the trial court to hold a hearing, within 14 days from the date of this order, to
determine whether each appellant, not their respective attorneys, wished to continue
1 The reporter’s record was filed on October 8, 2013.
In the Interest of D.I.T.S. and D.T.T., Children Page 2
with the appeal. The trial court held such a hearing but neither S. S. nor M. T. appeared.
Thus, the trial court concluded that neither S. S. nor M. T. wished to continue with their
appeals.
Accordingly, this appeal is reinstated and is dismissed in its entirety for want of
prosecution. See TEX. R. APP. P. 42.3(b).
S. S.’s Motion to Allow Confirmation of Indigency and Motion for Decision on
the Record, both filed by S. S.’s attorney prior to our abatement order, are dismissed as
moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed December 19, 2013
[CV06]
In the Interest of D.I.T.S. and D.T.T., Children Page 3