Opinion
No. 04-17-00327-CV
06-08-2017
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2016EM507068
Honorable Nick Catoe Jr., Judge Presiding
ORDER
Appellant filed a notice of appeal in the trial court on May 17, 2017. By letter dated May 18, 2017, appellant was notified that the notice of appeal was filed in this court on May 18, 2017, and appellant was required to pay the filing fee for the appeal by May 30, 2017. On May 30, 2017, appellant filed a motion stating he filed a motion for appointment of counsel with a statement that he is indigent with the trial court. The appellant states that he is incarcerated and has no source of income. It is therefore ORDERED that the clerk of this court provide a copy of appellant's motion stating he is indigent to the other parties, the trial court clerk, and the court reporter. It is FURTHER ORDERED that any objection to appellant's indigence must be filed no later than ten days from the date of this order. If no objection is filed, the appellant will be deemed indigent for purposes of this appeal, and the trial court clerk and the court reporter will be required to file the clerk's record and reporter's record in this appeal without payment of costs no later than July 10, 2017.
In his notice of appeal, appellant states the trial court denied his motion requesting the appointment of counsel; therefore, appellant's motion requesting appointment of counsel is DENIED without prejudice to the appellant raising an issue on appeal challenging the trial court's denial of his motion. But see TEX. GOV'T CODE § 24.016; Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003); Travelers Indem. Co. of Conn. v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996); Cavazos v. San Antonio Hous. Auth., No. 04-09-00659-CV, 2010 WL 2772450, at *3 (Tex. App.—San Antonio July 14, 2010, no pet.) (mem. op.).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk