Minerva Arenivar v. Providian National Bank ( 2002 )


Menu:
  • NO. 07-02-0233-CV


    IN THE COURT OF APPEALS



    FOR THE SEVENTH DISTRICT OF TEXAS



    AT AMARILLO



    PANEL A



    JULY 17, 2002



    ______________________________





    MINERVA ARENIVAR, APPELLANT



    V.



    PROVIDIAN NATIONAL BANK, APPELLEE





    _________________________________



    FROM THE COUNTY COURT AT LAW OF MOORE COUNTY;



    NO. CL-113-98; HONORABLE DELWIN MCGEE, JUDGE



    _______________________________



    Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

    Appellant Minerva Arenivar appealed from a summary judgment based on a sworn account entered in favor of appellee Providian National Bank. She filed a timely notice of appeal on May 20, 2002. However, appellant has now filed a motion in which she asks this court to dismiss the appeal.

    Because appellant has complied with the requirements of Rule of Appellate Procedure 42.1(a)(2), we hereby grant her motion to dismiss. Furthermore, having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.



    John T. Boyd

    Chief Justice



    Do not publish.

    ouglas v. California, 372 U.S. 353, 83 S. Ct. 814, 9 L. Ed. 2d 811 (1963). An attorney must be appointed by the state to represent an indigent defendant on the first appeal. See McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429, 435, 108 S. Ct. 1895, 1900, 100 L. Ed. 2d 440 (1988). In Texas, the trial court has been designated to appoint the appellate attorney for an eligible indigent defendant. See Tex. Crim. Proc. Code Ann. §§ 1.051(d)(1), 26.04(a).

    These appeals are abated and the causes are remanded to the trial court. Upon remand, the judge of the trial court is directed to cause notice to be given of and to conduct a hearing to determine: (1) whether appellant desires to prosecute any or all of the appeals; (2) if appellant desires to prosecute any or all of the appeals, then whether appellant is indigent; (3) if appellant is indigent and desires to prosecute any or all of the appeals, whether counsel should be appointed for appeal; and (4) what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant's appeals if appellant does not desire to prosecute any of the appeals, or, if appellant desires to prosecute any of the appeals, to assure that the appeals will be diligently pursued. If the trial court determines that counsel should be appointed for any or all of the appeals, the trial court should cause the clerk of this court to be furnished the name, address, and State Bar of Texas identification number of the appointed attorney.

    The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law and recommendations, and cause them to be included in a supplemental clerk's record; (3) cause the hearing proceedings to be transcribed and included in a reporter's record of the hearing; and (4) have a record of the proceedings made to the extent any of the proceedings are not included in the supplemental clerk's record or the reporter's record of the hearing. In the absence of a request for extension of time from the trial court, the supplemental clerk's record, reporter's record of the hearing, and any additional proceeding records, including any orders, findings conclusions and recommendations, are to be sent so as to be received by the clerk of this court not later than August 29, 2003.

    Per Curiam



    Do not publish.





Document Info

Docket Number: 07-02-00233-CV

Filed Date: 7/17/2002

Precedential Status: Precedential

Modified Date: 9/7/2015