Opinion
Appellate case number: 01-20-00723-CV
11-17-2020
J.A.B. v. C.N.B.
ORDER Trial court case number: 19-DCV-268152 Trial court: 328th District Court of Fort Bend County
Appellant, currently incarcerated in the Texas Department of Criminal Justice and proceeding pro se, has submitted two letter-motions to the Court. On November 2, 2020, the Court received a letter-motion from appellant requesting that this Court assist appellant in obtaining a pro bono lawyer. On November 5, 2020, the Court received a motion-letter from appellant in which he makes various requests of the Court, including that we recognize that he may proceed with this appeal without payment of costs or fees, and further states that the record he received is incomplete.
On October 20, 2020, appellant filed an "Application to Proceed in Forma Pauperis," with this Court, seeking to be allowed to proceed without payment of court costs or fees. A clerk's record and reporter's record have been filed in this appeal at no cost to appellant. Accordingly, the Clerk of this Court is directed to make an entry in this Court's records that appellant is allowed to proceed on appeal without payment of costs or fees. See TEX. R. APP. P. 20.1.; see also TEX. R. CIV. P. 145(a).
Appellant's November 2, 2020 letter-motion to the Court requests assistance in obtaining a pro bono lawyer to assist with his appeal. However, because the underlying suit was not filed by a governmental entity, the trial court was not required to appoint an attorney to represent appellant. See TEX. FAM. CODE ANN. 107.013 (discussing mandatory appointments), 107.021 (discussing discretionary appointments); see also In re Barnes, No. 03-12-00025-CV, 2012 WL 593532, at *1 (Tex. App.—Austin Feb. 24, 2012, orig. proceeding) (mem. op.). Accordingly, this Court lacks the authority to order the trial court to appoint or provide appellant with court appointed counsel in this case.
Appellant's November 5, 2020 letter-motion also states that the record received by appellant is "incomplete." Specifically, appellant states that "none of the motions" he filed were included in the record. However, appellant failed to identify any specific motions or documents which are missing from the appellate record. As referenced above, the trial court clerk has filed a clerk's record, and the court reporter has filed a reporter's record. Absent specific evidence of missing documents from the record, we deny appellant's request to supplement the record.
It is so ORDERED. Judge's signature: /s/ Terry Adams
[v] Acting individually [ ] Acting for the Court Date: November 17, 2020