MEMORANDUM OPINION
No. 04-09-00757-CV
IN THE INTEREST OF D.S., A.G., and M.M., Minor Children
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. 08-539-B
Honorable Charles Sherrill, Judge Presiding
Opinion by: Phylis J. Speedlin, Justice
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: August 31, 2010
Ottis Sutton appeals the trial court’s order finding that his appeal of the order terminating
his parental rights to his daughter, D.S., would be frivolous. 1 See TEX. FAM. CODE ANN.
§ 263.405(g) (Vernon 2008). Following a jury trial, the trial court terminated the parent-child
relationship between Sutton and D.S. Sutton timely filed a motion for new trial and statement of
appellate points containing twenty-seven issues for appeal, along with an affidavit of indigence.
See id. § 263.405(b), (e) (Vernon 2008). Following a hearing on the motion, the trial court
denied the motion for new trial, sustained Sutton’s affidavit of indigence, and ruled that the
appeal was frivolous. See id. § 263.405(d) (Vernon 2008). Because the trial court found the
1
Mina Flanagan also appeals from the same termination proceeding; however, she does not dispute the frivolous
finding and raises only one issue related to the assessment of attorney’s fees. Flanagan’s complaint will be
addressed along with Sutton’s once the full reporter’s record has been filed.
04-09-00757-CV
appeal frivolous, Sutton was not entitled to a free copy of the record from the termination trial.
After reviewing the record currently before us, we are unable to determine whether the trial court
abused its discretion in finding the appeal frivolous. Accordingly, a review of the reporter’s
record from the underlying termination proceeding is necessary to determine whether the trial
court abused its discretion. In re T.C., 299 S.W.3d 828, 828 (Tex. App.—San Antonio 2009, no
pet.).
Accordingly, it is ordered that the court reporter shall, on or before thirty (30) days from
the date of this opinion and order, and without cost to Sutton, prepare and file the reporter’s
record containing all of the evidence admitted at the termination trial. See TEX. R. APP. P.
34.6(d).
Phylis J. Speedlin, Justice
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