In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-18-00156-CV
____________________
IN THE INTEREST OF M.F.S., M.F.S. AND A.F.S.
_______________________________________________________ ______________
On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 17-03-03917-CV
________________________________________________________ _____________
ORDER
The appellants in this case are the biological parents of M.F.S., M.F.S., and
A.F.S. On May 10, 2018, this Court remanded the case to the trial court to determine
whether the appellants are indigent. See Tex. R. Civ. P. 145. On June 5, 2018, the
trial court conducted a hearing on that issue. After the hearing, the trial court
executed an order finding that the appellants can afford to pay costs. Subsequently,
we received and filed a supplemental clerk’s record and a reporter’s record.
On June 22, 2018, the appellants filed a timely motion in this Court
challenging the trial court’s order finding that the appellants could afford to pay
costs. In the motion, the appellants complained that the trial court failed to make the
1
detailed findings that are required under Rule 145(f)(6) of the Texas Rules of Civil
Procedure. We agree the order failed to include the detailed findings that are required
by Rule 145(f)(6).
It is, therefore, ORDERED that the appeal is abated and the case is remanded
to the trial court so that it can make detailed findings that explain why the trial court
ruled that the appellants could afford to pay costs. Id. A supplemental clerk’s record
containing the trial court’s detailed findings shall be filed with the Court of Appeals
by July 5, 2018.
The appeal will be reinstated without further order of this Court when the
supplemental clerk’s record is filed in the Court of Appeals. The appellants may file
a supplemental motion, addressing any findings made by the trial court pursuant to
this order. The appellants’ supplemental motion is due three days after the date on
which the supplemental clerk’s record is filed in the Court of Appeals. The appellee
may file a response to the appellants’ motion challenging the trial court’s order. The
response is due three days after the appellants file or waive their supplemental
motion.
ORDER ENTERED June 27, 2018.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
2