Opinion
NO. 14-15-01062-CV
02-05-2016
IN THE MATTER OF M.A.B.
On Appeal from County Court at Law No. 1 Fort Bend County, Texas
Trial Court Cause No. 11-CJV-016634
ABATEMENT ORDER
The clerk's record in this case was due January 4, 2016. See Tex. R. App. P.35.2. On January 6, 2016, the clerk of this court sent a letter to the Fort Bend County Clerk, informing the clerk the record had not been filed.
On January 11, 2016, the clerk informed this court no arrangements for payment of the record have been made. However, the court reporter has informed this court appellant is appealing as indigent.
This court is unaware whether appellant is entitled to proceed without the payment of costs. See Tex. R. App. P. 37.3(a)(1); In re K.C.A., 36 S.W.3d 501 (Tex. 2000). Accordingly, we enter the following order. See Tex. R. App. P. 35.3(c).
We ORDER the judge of County Court at Law No. 1 to immediately conduct a hearing at which appellant, appellant's counsel, if any, and counsel for the State shall participate, either in person or by video teleconference, to determine whether appellant desires to prosecute his appeal, and, if so, whether appellant is indigent and, thus entitled to a free record. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. The transcribed record of the hearing, the court's findings and conclusions, and a videotape or compact disc, if any, containing a recording of the video teleconference shall be filed with the clerk of this court within thirty days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
PER CURIAM