Opinion
No. 05-16-01084-CV
09-28-2016
IN THE INTEREST OF N.G.G., N.M.G., AND N.G.G., CHILDREN
On Appeal from the 301st Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-12-06967
ORDER
Before the Court is the September 23, 2016 amended motion to withdraw as counsel filed by Linda G. Sorrells, counsel for appellant Glenn Green.
The record in this case shows that on September 15, 2016, appellant filed a statement of inability to pay costs or an appeal bond. See TEX. R. CIV. P. 145. There is no indication the trial court has issued an order overruling appellant's claim of indigence. Accordingly, appellant may proceed without payment of costs in this court. See TEX. R. APP. P. 20.1(b).
We refer to the trial court the matter of (1) whether appellant's counsel should be allowed to withdraw, and (2) whether replacement counsel should be appointed. See In Interest of P.M., No. 15-0171, 2016 WL 1274748, at *4 (Tex. Apr. 1, 2016).
We ORDER the trial court to determine whether Linda G. Sorrels should be allowed to withdraw as appellant's counsel and, if so, whether appellant is entitled to appointment of counsel due to indigence.
We ORDER the trial court to transmit to this Court, within TWENTY DAYS of the date of this order, a supplemental clerk's record containing findings regarding appellate counsel in this case.
We ABATE the appeal to allow the trial court to comply with this order. We will reinstate the appeal when we receive a supplemental clerk's record or in TWENTY-FIVE DAYS, whichever is earlier.
We DIRECT the Clerk to transmit copies of this order to the Honorable Mary Brown, Presiding Judge, 301st Judicial District Court; to Glenn Green, 205 Cimarron Trail #5, Irving, Texas 75063; and to all counsel of record.
/s/ BILL WHITEHILL
JUSTICE