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Simons v. Simons

Court of Appeals of Texas, Eleventh District
Sep 23, 2021
No. 11-21-00066-CV (Tex. App. Sep. 23, 2021)

Opinion

11-21-00066-CV

09-23-2021

PAUL E. SIMONS, Appellant v. KAREN COLE SIMONS, Appellee


On Appeal from the 318th District Court Midland County, Texas Trial Court Cause No. FM-67, 240

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

ORDER

PER CURIAM

Before the court is Appellant's pro se motion for the clerk's record and the reporter's record to be prepared and filed in this court and for a copy of each to be provided free of charge to Appellant, Paul E. Simons. Appellant's motion is moot in part because the clerk's record and the reporter's record have now been filed in this court. However, Appellant's request for a copy of the appellate record does not appear to be moot; we can find no documentation to indicate that Appellant, who is representing himself in this appeal, has been provided with a copy of the record.

Accordingly, 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 shall 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 his 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 is entitled to a free appellate record, the trial court shall make any orders necessary to ensure that Appellant, who is incarcerated and unable to receive an electronic copy of the appellate record, 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 to be filed in this court. Furthermore, a supplemental reporter's record of the proceedings shall also be prepared and filed in this court. The supplemental clerk's record and the supplemental reporter's record shall be filed with the clerk of this court on or before October 25, 2021.


Summaries of

Simons v. Simons

Court of Appeals of Texas, Eleventh District
Sep 23, 2021
No. 11-21-00066-CV (Tex. App. Sep. 23, 2021)
Case details for

Simons v. Simons

Case Details

Full title:PAUL E. SIMONS, Appellant v. KAREN COLE SIMONS, Appellee

Court:Court of Appeals of Texas, Eleventh District

Date published: Sep 23, 2021

Citations

No. 11-21-00066-CV (Tex. App. Sep. 23, 2021)