Order entered October 17, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00821-CV
IN THE MATTER OF N.T.
On Appeal from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JD-82149
ORDER
On August 3, 2016, we ordered the trial court to make findings of fact regarding whether
appellant has been deprived of the clerk’s record and reporter’s record because of ineffective
counsel, indigence, or for any other reason. The trial court’s September 7, 2016 findings of fact
state that N.T. filed a notice of appeal and, therefore, desires to prosecute this appeal. The trial
court also stated that it is “unable to make a finding regarding indigence as no one appeared to
present financial information” for the trial court to consider. Appellant has requested the
appointment of counsel to represent him on appeal.
Accordingly, we ORDER the trial court to determine whether appellant is indigent and
entitled to proceed without payment of costs for the clerk’s record and reporter’s record. If
appellant is entitled to proceed without payment of costs, the trial court shall make a finding to
that effect.
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We further ORDER the court to take such other measures and to make all orders
necessary to ensure appellant is represented by counsel in this appeal. TEX. FAM. CODE. ANN. §§
51.10(b),(d),(e),(f),(g), 56.01(d),(e),(f).
The Court further ORDERS the trial court to transmit a supplemental clerk’s record
containing the written findings of fact as to indigency status, any supporting documentation, and
any orders, including orders regarding the appointment of appellate counsel, to this Court within
FIFTEEN DAYS of the date of this order.
The Court DIRECTS the clerk of this court to REMOVE J. Michael Price II and the law
firm of Milner Finn Price as counsel of record for appellant on appeal and to provide N.T. and
his parents with a copy of all orders of the Court and correspondence from the Court from this
date forward.
The appeal is ABATED to allow the trial court to comply with this order. The appeal
shall be reinstated thirty days from the date of this order or when the findings are received,
whichever is earlier.
/s/ CRAIG STODDART
JUSTICE
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in the Matter of N.T.
Combined Opinion