### NUMBER 13 - 1 5 - 003 76 - C V 

## COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
- EDINBURG

IN THE ESTATE OF RAF AEL FRANCO, SR., DEC EASED

On a ppeal from the County Court at Law No. 1

of Nueces County, Texas.



## ORDER OF ABATEMENT

Before Justices Garza, Benavides, and Longoria

Order Per Curiam Appellant, Javier R. Franco , appeals from a n order to probate the last will and testament of Rafael Franco, Sr., deceased, as a muniment of title. Appellant proceeds pro se and is incarcerated. A ppellant has filed a motion for appointment of counsel and an application to proceed in forma pauperis. Texas has statutorily provided for appointed counsel in juvenile delinquency case s, in parental termination cases, and in cases in which application for court

- ordered mental
health services has been made. Gibson v. Tolbert , 102 S.W.3d 710, 712

– 13 (Tex.2

2003) . T he Texas Legislature has also provided for the possibility of appointed co unsel in other 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 c ounsel to attend to the cause.” T EX

. G OV ’ T C ODE A NN . §24.016 (West, Westlaw through 2013 C.S.); see Gibson , 102 S.W.3d at 712. U nder 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 indige nt civil litigant.” Travelers Indem. Co. v. Mayfield , 923 S.W.2d 590, 594 (Tex. 1996). Accordingly, we now ABATE this appeal and REMAN D the cause to the trial court for further proceedings. Upon remand, the trial court shall immediately cause notice of

a hearing to be given and, thereafter, conduct a hearing to determine the following:

1. Whether appellant desires to prosecute this appeal;

2. Whether appellant is indigent;
3. Whether appellant is entitled to a free appellate record due to h is indigency;

4. Whether appellant is entitled to appointed counsel; 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 this appeal, to assure that the appeal will be diligently pursued. If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court

- appointed c ounsel, the trial court shall appoint counsel to represent appellant in this appeal. If counsel is appointed, the name,3

address, telephone number, email address, and state bar number of said counsel shall be included in an order appointing counsel.
The tr ial court shall cause its finding s and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record
of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM

D elivered and filed th e 28 th day of September, 2015

.