Opinion
05-21-00242-CV 05-21-00373-CV
07-06-2022
IN THE INTEREST OF M.C.M. AND M.A.M., CHILDREN
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-53554-2020, 366-50788-2021
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
By order dated June 30, 2022, we ordered Collin County District Clerk Lynne Finley to file, on or before July 6, the supplemental clerk's record requested by appellant. We also granted appellant an extension until July 18 to file an amended brief addressing the documents to be included in the supplemental clerk's record as well as the additional reporter's records requested by appellee and filed on June 6, 2022.
By letter filed on July 1, Ms. Finley notified the Court that appellant has not made payment for the record. Appellant has filed a response wherein she states that she does not have the funds to pay for the requested record and notes that she was found indigent by Collin County in a separate cause on February 17, 2022. In making this statement, appellant relies on a docket entry in a criminal case showing the trial court found her to be indigent and appointed counsel for her.
We previously affirmed the trial court's order that appellant is not entitled to proceed in this appeal without payment of costs, and the determination in the criminal court proceeding has no bearing on that determination. See McFatridge v. State, 309 S.W.3d 1, 5-6 (Tex. Crim. App. 2010) (a defendant may be found indigent for purposes of appointing counsel but not for purposes of obtaining a free record). Accordingly, the appeal will proceed on the record already filed. Appellant shall file, on or before July 18, 2022, her amended briefs in these appeals addressing the additional reporter's records filed on June 6.
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Finley and all parties.