Opinion
No. 04-15-00808-CV
02-02-2016
IN THE INTEREST OF S.L.S., S.S., S.L.S., CHILDREN
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2012-CVL-000402-D4
Honorable Oscar J. Hale, Jr., Judge Presiding
ORDER
On January 28, 2016, the clerk filed the clerk's record. At that time, this court officially learned the trial court allowed the withdrawal of appellant father's appointed trial counsel, Jose Salvador Tellez Sr. However, there is nothing in the clerk's record regarding the appointment of appellate counsel. As stated in our order dated January 21, 2016, this court presumes appellant is indigent because there is nothing in the record to indicate appellant's financial circumstances have changed. See TEX. R. APP. P. 20.1(a)(3). Thus, under Texas law, he is entitled to court-appointed counsel because he is indigent. See TEX. FAM. CODE § 107.013 (West 2014).
Accordingly, we order this appeal abated and all appellate deadlines suspended until further order of this court. We order the trial court to appoint appellate counsel for appellant father on or before February 17, 2016. The trial court is ordered to make the appointments by court order. We further order the district clerk to file in this court, on or before ten days after the trial court renders its order, a supplemental clerk's record containing the trial court's order appointing appellate counsel.
The clerk of this court is ordered to serve a copy of this order on all known counsel, the trial court, the district clerk, and the court coordinator.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court