Opinion
No. 10-17-00224-CV
10-18-2017
IN THE INTEREST OF L.D.R., A CHILD
From the County Court at Law Bosque County, Texas
Trial Court No. CV16151
ORDER
This appeal was abated on August 16, 2017, for 49 days so the appellant, the trial court, the trial court clerk, and the reporter, could take action which would help us to understand whether appellant was indigent and was entitled to a free record on appeal. We set out the specific steps to be taken and what would need to occur if those steps were or were not taken. More than 49 days have passed.
This appeal is reinstated.
According to the docketing statement filed on August 28, 2017, a "Statement of Inability to Pay Court Costs" was filed in the trial court on July 17, 2017 and no "Motion Challenging the Statement" was filed. We note that neither the notice of appeal nor the amended notice of appeal contained the required statement regarding the presumption of indigence, see TEX. R. APP. P. 25.1(d)(8), nor was any other communication received as required by Texas Rule of Appellate Procedure 20.1 regarding the filing of the "Statement" in the trial court until the docketing statement was received after the abatement order was issued. If this information had been communicated to the Court as required, the abatement order would have been unnecessary.
Accordingly, the clerk's record and the reporter's record are due 30 days from the date of this Order and must be provided without payment for the preparation of those records. See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal reinstated; appellate record due
Order issued and filed October 18, 2017