Opinion
13-24-00553-CV 13-24-00555-CV
12-03-2024
IN THE INTEREST OF J.P. AND A.P., CHILDREN
ON APPEAL FROM THE 156TH DISTRICT COURT OF SAN PATRICIO COUNTY, TEXAS
Before Contreras Chief Justice and Benavides and Silva Justices
ORDER OF ABATEMENT
PER CURIAM
These causes are now before the Court on appellant's motion to appoint counsel which has additionally been construed as a motion to abate and a motion for free appellate record. The documents currently before the Court do not reflect whether the trial court has made a previous determination on the matter of indigency and it is unclear to this Court whether appellant is entitled to an attorney for the prosecution of these appeals.
Appellant's motion to abate is granted, and appellant's motion to appoint counsel and motion for free appellate record are carried with the case. We now abate these appeals and remand the causes to the trial court for further proceedings. Upon remand, the trial court shall immediately cause notice of a hearing to be given to all parties and the court reporter and, thereafter, conduct a hearing to determine the following:
1. Whether appellant is indigent;
2. Whether appellant is entitled to a free appellate record due to indigency;
3. Whether appellant has been provided a complete copy of the appellate record;
4. Whether appellant is entitled to court-appointed counsel.
If the trial court determines that appellant is indigent, entitled to a free appellate record, and/or entitled to court-appointed counsel the trial court shall make any orders necessary to ensure appellant has the opportunity to fully examine the appellate record. See Tex. R. App. P. 34.5, 34.6.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
Furthermore, to the extent that appellant requested additional time to file a docketing statement, the request is granted and appellant shall file a docketing statement on or before January 3, 2025.