Opinion
No. 04-12-00633-CV
05-03-2013
REAL PROPERTY LOCATED AT 141 DERWEN, Fredericksburg, Texas and the Oakwood 16'x72' Single Section Manufactured Home Serial No. HOTX088076699(Ed Coburn Linville), Appellant v. THE STATE OF TEXAS, Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 12,843
Honorable N. Keith Williams, Judge Presiding
ORDER
This is an appeal from a judgment in a civil forfeiture case. Appellant's brief was originally due on February 15, 2013. When appellant failed to file his brief or a motion for extension of time to file his brief, we issued an order advising appellant that this case would be dismissed for lack of prosecution unless appellant filed a response to our order. In response to our order, appellant filed a motion for extension of time to file his brief. We granted the motion, and extended the time to file appellant's brief to April 22, 2013. However, appellant again failed to file his brief. On April 29, 2013, appellant filed a motion for appointment of appellate counsel and another motion for extension of time, requesting an additional ninety days to file his brief.
A forfeiture case is a civil proceeding, conducted in the same manner and under the same rules as all other civil cases. $567,000 in U.S. Currency v. State, 282 S.W.3d 244, 246-47 (Tex. App.—Beaumont 2009, no pet.); $800,000 in U.S. Currency v. State, No. 06-05-00068-CV, 2005 WL 3108486, at *3 (Tex. App.—Texarkana 2005, no pet.); Approximately $42,850.00 v. State, 44 S.W.3d 700, 701-02 (Tex. App.—Houston [14th Dist.] 2001, no pet.). While a trial court may occasionally appoint counsel to represent an indigent party, a civil litigant has no constitutional right to a court-appointed lawyer. $42,850.00, 44 S.W.3d at 702; $800,000, 2005 WL 3108486, at *3. In addition, there is no statutory right to a court-appointed lawyer in a civil forfeiture proceeding. $567,000, 282 S.W.3d at 246; $800,000, 2005 WL 3108486, at *3.
Appellant's motion for appointment of appellate counsel is DENIED.
Appellant's motion for extension of time to file his brief is GRANTED IN PART. Appellant's brief is due on June 6, 2013. No further extensions will be granted.
______________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2013.
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Keith E. Hottle
Clerk of Court