IN THE
TENTH COURT OF APPEALS
No. 10-10-00237-CV
In the Interest of
M.A.R., A.R., A.R., I.R., and J.R., Children
From the County Court at Law
Ellis County, Texas
Trial Court No. 77,521-CCL
abatement order
After Appellant’s parental rights to her five children were terminated, Appellant, who was apparently indigent in the trial court proceedings, filed a motion for new trial and sought indigent status for appeal. The trial court denied the motion for new trial, found her appeal to be frivolous, and overruled her claim of indigence. See Tex. Fam. Code Ann. § 263.405(d) (Vernon 2008). Appellant’s counsel then withdrew.
We have not received any records to date, despite notice to Appellant. In a letter dated October 1, 2010, the district clerk advised us that Appellant has not requested the clerk’s record or paid for or made arrangements to pay for it. The district clerk also advised us that Appellant had phoned, wanting “to pick up a copy of the file so she could send it to the Tenth Court of Appeals.” When told that the district clerk prepares and sends the file (i.e., the clerk’s record) to the appellate court, Appellant requested that the district clerk prepare a bill of cost for everything in the case file so that she would know the amount of the bill of cost.
In the event Appellant has not abandoned this appeal, Appellant has a statutory right to appointed counsel to appeal the trial court’s indigence and frivolousness determinations. See In re S.T., 239 S.W.3d 452, 457 (Tex. App.—Waco 2007, order). Accordingly, we abate this cause and remand it to the trial court for a hearing: (1) to determine why no record has been filed; (2) to determine whether Appellant has abandoned the appeal; and (3) if it is found that Appellant has not abandoned this appeal, to appoint counsel to appeal the trial court’s indigence and frivolousness determinations.
The trial court shall conduct the hearing within fourteen (14) days after the date of this order. The trial court clerk and court reporter shall file supplemental records within twenty-eight (28) days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Appeal abated
Order issued and filed December 15, 2010
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