in the Interest of S.D.A., S.A.A., D.S.A., Children

Court of Appeals of Texas

in the Interest of S.D.A., S.A.A., D.S.A., Children

DecidedSeptember 8, 2014

Docket04-14-00397-CV

StatusPublished

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in the Interest of S.D.A., S.A.A., D.S.A., Children, (Tex. Ct. App. 2014).

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Opinion

Fourth Court of Appeals San Antonio, Texas September 8, 2014

No. 04-14-00397-CV

IN THE INTEREST OF S.D.A., S.A.A., D.S.A., Children,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2013EM506191 Honorable Eric Rodriguez, Judge Presiding

ORDER Appellant, proceeding pro se, has filed a request for a copy of the appellate record for the purpose of preparing his brief. Appellant filed a timely notice of appeal in the trial court on May 28, 2014. See TEX. R. APP. P. 25.1(a). Thereafter, appellant filed an untimely affidavit of indigence in this court. See TEX. R. APP. P. 20.1(c)(1). In our order issued July 2, 2014, we notified the trial court clerk, court reporter, and other parties of the opportunity to file a contest to appellant’s affidavit of indigence. See TEX. R. APP. P. 20.1(d)(2), (e). No contest was filed. Therefore, the affidavit of indigence is deemed true and appellant is considered to be indigent. See TEX. R. APP. P. 20.1(f). The clerk’s record was filed on July 18, 2014, and the court reporter filed a CD of the audio transcript on August 21, 2014. Because appellant is indigent he is entitled to receive a free copy of the appellate record. Accordingly, the clerk of this Court is ORDERED to promptly provide appellant with a copy of the clerk’s record and a copy of the CD of the audio transcript.

The appellant’s brief is currently due on September 22, 2014.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of September, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas September 8, 2014

No. 04-14-00397-CV

IN THE INTEREST OF S.D.A., S.A.A., D.S.A., Children,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2013EM506191 Honorable Eric Rodriguez, Judge Presiding

ORDER Appellant, proceeding pro se, has filed a request for a copy of the appellate record for the purpose of preparing his brief. Appellant filed a timely notice of appeal in the trial court on May 28, 2014. See TEX. R. APP. P. 25.1(a). Thereafter, appellant filed an untimely affidavit of indigence in this court. See TEX. R. APP. P. 20.1(c)(1). In our order issued July 2, 2014, we notified the trial court clerk, court reporter, and other parties of the opportunity to file a contest to appellant’s affidavit of indigence. See TEX. R. APP. P. 20.1(d)(2), (e). No contest was filed. Therefore, the affidavit of indigence is deemed true and appellant is considered to be indigent. See TEX. R. APP. P. 20.1(f). The clerk’s record was filed on July 18, 2014, and the court reporter filed a CD of the audio transcript on August 21, 2014. Because appellant is indigent he is entitled to receive a free copy of the appellate record. Accordingly, the clerk of this Court is ORDERED to promptly provide appellant with a copy of the clerk’s record and a copy of the CD of the audio transcript.

The appellant’s brief is currently due on September 22, 2014.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of September, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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