Opinion
No. 04-16-00189-CV
05-23-2016
Maryann CASTRO, Appellant v. MLB SUB I, LLC, Appellee
From the County Court, Atascosa County, Texas
Trial Court No. 4343
Honorable Lynn Ellison, Judge Presiding
ORDER
On April 14, 2016, we abated this appeal and remanded the cause to the trial court for it to determine if Appellant Maryann Castro was indigent. See TEX. R. APP. P. 20.1(c)(1); Higgins v. Randall Cty. Sheriff's Office, 257 S.W.3d 684, 688 (Tex. 2008). We also ordered the trial court to determine whether or not the appeal is frivolous in accordance with section 13.003 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 13.003 (West 2002).
On April 26, 2016, the trial court held a hearing and determined that Appellant was indigent but her appeal was frivolous. See Garza v. Garza, 155 S.W.3d 471, 477 (Tex. App.—San Antonio 2004, no pet.); De La Vega v. Taco Cabana, Inc., 974 S.W.2d 152, 154 (Tex. App.—San Antonio 1998, no pet.). Thus, Appellant is not entitled to a free reporter's record on appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 13.003; De La Vega, 974 S.W.2d at 154-55.
We REINSTATE this appeal on this court's docket. We ORDER Appellant to provide written proof to this court within TEN DAYS of the date of this order that the reporter's fee has been paid or arrangements have been made to pay the reporter's fee. If Appellant fails to respond within the time provided, Appellant must file a brief with this court within THIRTY DAYS of the date of this order, and the court will only "consider and decide those issues or points [raised in Appellant's brief] that do not require a reporter's record for a decision." See TEX. R. APP. P. 37.3(c).
If Appellant timely provides written proof as ordered, the reporter's record will be due within THIRTY DAYS of the date Appellant files her written proof. See id. R. 35.3(c) (limiting an extension of time to file the record in a regular appeal to thirty days).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court