Opinion
NO. 09-17-00076-CV
06-29-2017
On Appeal from the 418th District Court Montgomery County, Texas
Trial Cause No. 15-11-12110-CV
ORDER
On May 3, 2017, we abated this appeal and remanded the case to the trial court for a determination of the appellant's indigence. Counsel of record appeared by telephone. Counsel announced his intention to "non-suit" the appeal without informing the trial court why the appellant failed to personally attend the hearing to give evidence to support a claim of indigence. As of this date, appellant has not filed a motion to dismiss the appeal.
It is, therefore, ORDERED that the appeal is abated and the case is remanded to the trial court for another hearing. The trial court shall give notice of the hearing and shall require counsel and the appellant to personally attend the hearing, and may reconsider the question of indigency. If the appellant fails to personally appear at the hearing, the trial court may find that the appellant has abandoned the appeal. If the trial court determines that the appellant has not abandoned the appeal, and if the trial court concludes 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 July 31, 2017. The appeal will be reinstated without further order of this Court when the supplemental record is filed.
ORDER ENTERED June 29, 2017.
PER CURIAM Before McKeithen, C.J., Horton and Johnson, JJ.