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
ORDER
This is an appeal by both the mother and the father whose parental rights as to
their children were terminated. The mother and father 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. The mother’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 the mother’s attorney was court-appointed or that the mother was
currently indigent. The Clerk requested that certain actions be taken by the attorneys
within 14 days from the date of the notice. Although the mother’s docketing statement
was filed and we received other communication by the mother’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.
The father’s attorney was also requested to file a docketing statement and request the
preparation of the reporter’s record. Fourteen days have passed and the only action
taken on the Clerk’s request was that the father’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 question whether the parties
themselves wish to continue with the appeal.
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
We therefore abate 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, wishes to continue with the appeal. If either or both appellants wish to
continue with the appeal, the trial court must then determine a set date by which the
respective attorneys will comply with the Clerk’s October 4, 2013 letter request. If
either or both appellants do not wish to continue with the appeal, the trial court must
obtain a statement in writing or on the record to that effect. A reporter’s record and
clerk’s record containing oral or written findings of the trial court and oral or written
statements of the appellants, if any, must be filed with the Clerk of this Court within 28
days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed November 14, 2013
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