DocketNumber: 01-12-00007-CV
Filed Date: 9/14/2012
Status: Precedential
Modified Date: 10/16/2015
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM ORDER Appellate case name: In the interest of H.D. Appellate case number: 01-12-00007-CV Trial court case number: 2010-52475 Trial court: 310th District Court of Harris County, Texas A supplemental clerk’s record complying with our Order of Abatement has been filed in this Court. Therefore, we order the appeal reinstated. The Clerk of this Court is ORDERED to enter William Thursland in the records of this Court as counsel for appellant R.R.D. Mr. Thursland is ORDERED to file a conforming notice of appeal on behalf of R.R.D. within 10 days of the date of this order. The Clerk of this Court is ORDERED to enter Daniel Lemkuil in the records of this Court as counsel for appellant M.D.D. The supplemental clerk’s record indicates that appellants were deemed indigent in the trial court and appointed attorneys ad litem. A parent who the court has determined is indigent for purposes of appointment of an attorney ad litem is presumed to remain indigent for the duration of the suit and subsequent appeal. TEX. FAM. CODE ANN. § 107.013(e). Therefore, the Clerk of this Court is ORDERED to make an entry in this Court’s records that appellants are indigent and are allowed to proceed on appeal without advance payment of costs. It is ORDERED that the District Clerk file with this Court, within 10 days of the date of this order and at no cost to appellants, a clerk’s record containing the items specified in Texas Rule of Appellate Procedure 34.5(a). See TEX. R. APP. P. 20.1(k) (indigent party entitled to free record on appeal); 35.1(b) (in accelerated appeal, record must be filed within 10 days after notice of appeal filed). It is further ORDERED that the Court Reporter file with this Court, within 10 days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP. P. 20.1(k); 35.1(b). Due to the previous delays in this appeal, no extensions will be granted absent extraordinary circumstances. See TEX. R. APP. P. 35.3(c). It is so ORDERED. Judge’s signature: /s/ Justice Evelyn V. Keyes Acting individually Acting for the Court Date: September 14, 2012