Opinion
NO. 09-17-00076-CV
05-03-2017
IN THE INTEREST OF L.A.G.K.
On Appeal from the 418th District Court Montgomery County, Texas
Trial Cause No. 15-11-12110-CV
ORDER
The record was due to be filed on April 13, 2017. The trial court clerk and the court reporter have informed the Court that the appellant, A.N.G., has not established her right to proceed without payment of costs and has not made payment arrangements for preparation of the record. In a motion for extension of time to file a notice of appeal, appellant's retained counsel suggested appellant is indigent and indicated that he wished to withdraw as counsel for the appeal. Counsel has not filed a written response to this Court's warning that the appeal would be dismissed for want of prosecution unless a response was filed. From the limited record before this Court it is unclear whether the appellant is indigent and entitled to appointed counsel and a free record.
It is, therefore, ORDERED that the appeal is abated and the case is remanded to the trial court for a determination of the appellant's indigence. If the appellant is indigent, the trial court shall order that the record be prepared without payment of costs. The trial court shall determine whether counsel of record has abandoned the appeal or should be allowed to withdraw for any reason. If the trial court determines that good cause exists to allow counsel to withdraw, and that the appellant is indigent, we direct the trial court to appoint substitute counsel.
All appellate timetables are suspended while the trial court retains jurisdiction over the case. A supplemental clerk's record containing any orders signed by the trial court and any documents filed with the trial court in connection with this matter, together with a reporter's record of any hearing conducted pursuant to this Order, shall be filed with the Court of Appeals by May 23, 2017. The appeal will be reinstated without further order of this Court when the supplemental record is filed.
ORDER ENTERED May 3, 2017.
PER CURIAM Before McKeithen, C.J., Horton and Johnson, JJ.