Benjamin Allen Benge v. Robert N. Harris and Kari L. Imler-Harris

Summary

The Texas Seventh Court of Appeals abated and remanded an accelerated parental-rights termination appeal because the reporter’s record was past due and the appellant’s indigency status required trial-court determination. The trial court was directed to determine whether the appellant was entitled to a free reporter’s record and to facilitate filing of the appellate record or make supporting findings and conclusions.

Holdings

1. A contest to an affidavit of indigency must be filed within ten days after the affidavit is filed in the trial court; an untimely contest cannot prevent the affidavit from being deemed true under the applicable appellate rule.
2. When the reporter's record in an accelerated parental-termination appeal is past due and the available extension period has elapsed, the appellate court may abate the appeal and remand to the trial court to determine entitlement to a free reporter's record and ensure preparation and filing of the record.

Questions Presented

1. Whether the appeal should be abated and remanded because the reporter's record was past due and the court reporter had not prepared it.
2. Whether the trial court must determine whether appellant was entitled to a free reporter's record based on his affidavits of indigency.
3. Whether the court reporter's contest to appellant's affidavit of indigency was timely.

Disposition

remanded