FILE COPY
COURT OF APPEALS
CATHERINE STONE FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGELINI 300 DOLOROSA, SUITE 3200
SANDEE BRYAN MARION SAN ANTONIO, TEXAS 78205-3037
MARIALYN BARNARD WWW.4THCOA.COURTS.STATE.TX.US TELEPHONE
REBECA C. MARTINEZ (210) 335-2635
PATRICIA O. ALVAREZ
LUZ ELENA D. CHAPA FACSIMILE NO.
JUSTICES (210) 335-2762
March 25, 2013
Manuel C. Rodriguez, Jr. Sheri Dye
Law Office of Manuel C. Rodriguez, Jr. Department of Family and Protective Services
Lincoln Center - Suite 535 Bexar County Courthouse
7800 IH-10 West 100 Dolorosa, 3rd floor
San Antonio, TX 78230 San Antonio, TX 78205
Susan D. Reed
District Attorney, Bexar County
Paul Elizondo Tower 1
101 W. Nueva suite 370
San Antonio, TX 78205
RE: Court of Appeals Number: 04-13-00174-CV
Trial Court Case Number: 2009-PA-00997
Style: In the Interest of I.M.B. et al Children
Enclosed please find the order which the Honorable Court of Appeals has
issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
_____________________________
Elizabeth Montoya
Deputy Clerk, Ext. 53857
cc: Sandy Denn, Supervisor
Erminia Uviedo
Cristina T. De Leon
FILE COPY
Fourth Court of Appeals
San Antonio, Texas
March 25, 2013
No. 04-13-00174-CV
IN THE INTEREST OF I.M.B. ET AL CHILDREN,
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-PA-00997
Honorable Dick Alcala, Judge Presiding
ORDER
This is an accelerated appeal pursuant to section 263.405 of the Texas Family Code.
Appellant has filed a notice of appeal stating his intent to appeal from the trial court’s judgment
terminating his parental rights. The clerk’s record was due March 18, 2013. On March 22, 2013,
the trial court clerk filed a notification of late clerk’s record stating that appellant is not entitled
to appeal without paying the fee and appellant has failed to pay the fee for preparing the record.
However, pursuant to Texas Rule of Appellate Procedure 20.1(a)(3), in “a suit filed by a
governmental entity in which termination of the parent-child relationship or managing
conservatorship is requested, a parent determined by the trial court to be indigent is presumed to
remain indigent for the duration of the suit and any subsequent appeal, as provided by section
107.013 of the Family Code, and may proceed without advance payment of costs.” TEX. R. APP.
P. 20.1(a)(3). The trial court clerk has informed this court that the trial court found appellant to
be indigent. Therefore, we ORDER the trial court clerk to file the clerk’s record on or before
April 4, 2013.
____________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 25th day of March, 2013.
____________________________________
Keith E. Hottle
Clerk of Court
FILE COPY
MINUTES
Court of Appeals
Fourth Court of Appeals District
San Antonio, Texas
March 25, 2013
No. 04-13-00174-CV
IN THE INTEREST OF I.M.B. ET AL CHILDREN,
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-PA-00997
Honorable Dick Alcala, Judge Presiding
ORDER
This is an accelerated appeal pursuant to section 263.405 of the Texas Family Code.
Appellant has filed a notice of appeal stating his intent to appeal from the trial court’s judgment
terminating his parental rights. The clerk’s record was due March 18, 2013. On March 22, 2013,
the trial court clerk filed a notification of late clerk’s record stating that appellant is not entitled
to appeal without paying the fee and appellant has failed to pay the fee for preparing the record.
However, pursuant to Texas Rule of Appellate Procedure 20.1(a)(3), in “a suit filed by a
governmental entity in which termination of the parent-child relationship or managing
conservatorship is requested, a parent determined by the trial court to be indigent is presumed to
remain indigent for the duration of the suit and any subsequent appeal, as provided by section
107.013 of the Family Code, and may proceed without advance payment of costs.” TEX. R. APP.
P. 20.1(a)(3). The trial court clerk has informed this court that the trial court found appellant to
be indigent. Therefore, we ORDER the trial court clerk to file the clerk’s record on or before
April 4, 2013.
/s/ Karen Angelini
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 25th day of March, 2013.
/s/ Keith E. Hottle
Keith E. Hottle
Clerk of Court
Entered this 25th day of March, 2013. VOL____PAGE____