in the Interest of M.A.R., A.R., A.R., I.R., and J.R., Children

 

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

Do not publish