Order issued October g €2. , 2012
In The
(Court ni AppraW
JTiIttBistritt of &txas
- at Dallas
No. 05-12-01190-CV
IN THE INTEREST OF P.E., C.E., C.E., AND S.E., CHILDREN
On Appeal from the 301s t Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-10-5399-T
ORDER
On July 10, 2012, Father appealed the trial court's final judgment and at the same time filed
an affidavit of indigence. The appeal was docketed as cause number 05-12-00944-CV and styled
as the instant appeal, In the Interest of P.E., C.E., C.E., and S.E., Children. Father's affidavit of
indigence was contested, and by order dated July 18, 2012, the trial court sustained the contest. On
August 17, 2012, Father filed a separate notice of appeal from that order. That appeal is the instant
appeal.
Because Father's appeal from the order sustaining the contest is ancillary to his appeal from
the final judgment, we CONSOLIDATE, on our own motion, the instant appeal into the appeal of
cause number 05-12-00944-CV. The parties shall now use only cause number 05-12-00944-CV
when referencing the appeal.
We construe Father's appeal of the order sustaining the contest as a motion to review that
order pursuant to rule of appellate procedure 20.1(j). See TEX. R. APP. P. 20.1(j)(1). Under rule
20.1(j), the motion should have been filed no later than July 30, 2012. See id. 4.1(a), 20.1(j)(2).
Accordingly, we directed Father to file an extension motion complying with appellate rule 10.5(b).
See id. 10.5(b), 20.1(j)(2). Father complied and explained he was unaware of the recent procedural
amendments to rule 20.1. Appellee, though given an opportunity to respond, has not responded.
We GRANT Father's extension motion and ORDER the motion to review the court's order
sustaining the contest filed as of the date of this order. We further ORDER Dallas County District
Clerk Gary Fitzsimmons and Court Reporter Kim Allen to prepare, certify, and file, WITHIN
THREE (3) DAYS of the date of this order and without advance payment of costs, the clerk's and
reporter's record of the hearing on Father's affidavit of indigence and the contest. See id. 20.10)(3).
Because Father's motion to review will be granted by operation of law if no ruling is made within
ten days of the date of this order, no extensions for filing the record will be granted. See id.
20.1(j)(4).
We DIRECT the Clerk of this Court to send a copy of this order, by electronic transmission,
to Dallas County District Clerk Gary Fitzsimmons and Court Reporter Kim Allen.