Adolfo Garcia Ybarra Jr. v. Warden Strong ( 2020 )

NUMBER 13-20-00030-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ADOLFO GARCIA YBARRA JR., Appellant,
v.
WARDEN STRONG, ET AL., Appellees.
On appeal from the 278th District Court
of Walker County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Order Per Curiam
Appellant, Adlolfo Garcia Ybarra Jr., appeals from a final judgment made in cause
number 1828995 entered by the 278th District Court in Walker County, Texas. He
proceeds pro se and is incarcerated. Appellant filed several letter motions indicating he
has been previously found indigent and may proceed in forma pauperis.
The Texas Legislature provides for the possibility of appointed counsel in civil
matters by conferring upon a district court judge the discretion to “appoint counsel to
attend to the cause of a party who makes an affidavit that he is too poor to employ counsel
to attend to the cause.” TEX. GOV’T CODE ANN. §24.016 (West, Westlaw through 2013
C.S.); see Gibson, 102 S.W.3d at 712. Under exceptional circumstances, “the public and
private interests at stake [may be] such that the administration of justice may best be
served by appointing a lawyer to represent an indigent civil litigant.” Travelers Indem. Co.
v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996).
This sequence of events requires us to effectuate our responsibility to avoid further
delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(2). Accordingly,
this appeal is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine the following: 1) whether appellant is indigent; 2) if
appellant is indigent, whether counsel should be appointed to represent appellant on
appeal; 3) whether appellant is entitled to have the clerk’s and/or reporter’s record
furnished without charge; 4) if appellant is not entitled to have the clerk’s and/or reporter’s
record furnished at no charge, the date appellant will request preparation and make
acceptable payment arrangements for the reporter’s record; and 5) what orders, if any,
should be entered to assure the filing of appropriate notices and documentation to dismiss
appellant’s appeal if appellant does not desire to prosecute this appeal, or if appellant
desires to prosecute the appeal, to assure that the clerk’s and reporter’s record will be
filed promptly and that the appeal will be diligently pursued.
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The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within sixty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
17th day of April, 2020.
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