Opinion
No. 04-15-00808-CV
02-18-2016
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, this court officially learned the trial court allowed the withdrawal of appellant father's appointed trial counsel, Jose Salvador Tellez Sr. There was nothing in the clerk's record regarding the appointment of appellate counsel. Because appellant father is presumed to be indigent and therefore entitled to court-appointed counsel, we ordered this appeal abated so that the trial court could appoint appellate counsel for appellant. See TEX. FAM. CODE § 107.013 (West 2014).
In accordance with our order, the trial court appointed Baldemar Garcia Jr. as appellate counsel on February 8, 2016. The district clerk filed a supplemental clerk's record containing the trial court's order appointing appellate counsel on February 9, 2016.
Accordingly, we lift the abatement and ORDER the appeal reinstated on the docket of this court. At the time of the abatement, the clerk's record and reporter's record had been filed. We therefore ORDER Baldemar Garcia Jr. to file appellant's brief in this case no later than March 9, 2016.
We further order the clerk of this court to serve a copy of this order on appellant and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court