Opinion
13-24-00325-CV
08-15-2024
IN THE MATTER OF THE MARRIAGE OF MEILYN RUTZ DANSKI DE OLIVEIRA AND EDREY CLARENCE OLIVEIRA AND IN THE INTEREST OF S.L.D.O., A CHILD
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 6 OF HIDALGO COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on the court reporter's contest to appellant's statement of inability to afford payment of court costs or an appeal bond. On July 29, 2024, appellant filed a statement of inability to afford payment of court costs or an appeal bond. On July 31, 2024, court reporter, Dahlia Robledo, timely filed a contest indicating previous testimony from the appellant may contradict the statement filed on July 29, 2024.
We now abate this appeal and remand the cause 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; and
3. Whether appellant has been provided a complete copy of the appellate record. If the trial court determines that appellant is indigent and entitled to a free appellate record, the trial court shall make any orders necessary to ensure appellant has the opportunity to fully examine the appellate record.
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 thirty days from the date of this order.