Opinion
13-23-00474-CV
12-13-2023
DEZARAE M. PENA, Appellant, v. ELIZANDRA ELIZONDO, Appellee.
On appeal from the County Court at Law No. 9 of Hidalgo County, Texas.
Before Justices Longoria, Silva, and Peña, J.
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on its own motion. On December 4, 2023, the Court received an amended notice of appeal with a statement of inability to pay court costs attached.
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 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 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 thirty days from the date of this order.