in the Interest of E.M. and E.B. ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00317-CV
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IN THE INTEREST OF E.M. AND E.B.
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On Appeal from the 317th District Court
Jefferson County, Texas
Trial Cause No. F-235,262
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ORDER
E.M. filed a notice of appeal from an order terminating his parental rights. The
trial court signed the amended judgment on September 1, 2021. Notice of appeal
was due September 21, 2021. The trial court clerk received the notice of appeal on
October 11, 2021, but the record does not show on what date appellant mailed the
notice of appeal or delivered the notice of appeal to the detention facility authorities
for mailing. On November 8, 2021, appellant asked this Court to allow him to
proceed in forma pauperis. Before this appeal may proceed, it is necessary to
determine whether appellant mailed the notice of appeal on or before October 6,
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2021, whether he can afford payment of court costs, and whether he is entitled to
appointed counsel for the appeal.
We hereby abate the appeal and remand the case to the trial court for a hearing.
We direct the trial court to determine the date on which appellant mailed the notice
of appeal or turned the notice of appeal over to the detention center authorities for
mailing. We further direct the trial court to obtain from the appellant a statement of
inability to afford payment of court costs and determine appellant’s ability to afford
payment of court costs under Rule 145 of the Texas Rules of Civil Procedure. See
Tex. R. Civ. P. 145. If appellant is indigent and desires to appeal, we direct the trial
court to appoint counsel for the appellant. See Tex. Fam. Code Ann. § 107.013. Any
documents filed and orders signed pursuant to this Order shall be forwarded to this
Court for filing as a supplemental record no later than December 6, 2021. The appeal
will be reinstated without further Order of this Court when the supplemental record
is filed with the appellate court.
ORDER ENTERED November 15, 2021.
PER CURIAM
Before Golemon, C.J., Kreger and Horton, JJ.
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