Opinion
13-23-00596-CV
03-06-2024
EVANGELINA KNANDEL, Appellant, v. MICHAEL EDGHILL AND SHIRELLE EDGHILL, Appellees.
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on its own motion. Upon review of the Clerk's record, it appears appellant filed a statement of inability to afford payment of court costs or an appeal bond. The record does not reflect whether the trial court has made a determination on the matter of indigency.
We now abate this appeal and remand the cause to the trial court for further proceedings. Upon remand, the trial court shall immediately cause notice of a hearing to be given to all parties and the court reporter and, thereafter, conduct a hearing to determine the following:
1. Whether appellant is indigent;
2. Whether appellant is entitled to a free appellate record due to indigency; and
3. Whether appellant has been provided a complete copy of the appellate record.If the trial court determines that appellant is indigent and entitled to a free appellate record, the trial court shall make any orders necessary to ensure appellant has the opportunity to fully examine the appellate record.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.