Opinion
NO. 14-14-00481-CV
08-21-2014
LUCIDALIA CHAVEZ, Appellant v. WALTER CHAVEZ, Appellee
On Appeal from the 309th District Court Harris County, Texas
Trial Court Cause No. 2012-60726
ORDER
This is an appeal from a final decree of divorce signed March 17, 2014. Appellant filed a timely motion for new trial. The record in this appeal was due July 15, 2014, but it has not been filed.
Appellant filed an affidavit of indigence in the trial court on June 5, 2014. See Tex. R. App. P. 20.1. She also filed an affidavit of indigence in this court on June 23, 2014. On June 24, 2014, this court forwarded the affidavit to the trial court clerk and court reporter and advised them that any contest to the affidavit was required to be filed with the clerk of this court within ten days. See Tex. R. App. P. 20.1(d)(2). No contest was filed in this court.
On July 24, 2014, this court ordered a partial clerk's record containing the documents filed in the trial court related to appellant's claim of indigence. On July 30, 2014, the requested record was filed. The partial record contained only appellant's affidavit of indigence and notice of appeal, along with a copy of this court's June 24, 2014, notice setting the deadline for any contest. The record also contained a notice that these were the only imaged documents related to appellant's affidavit of indigence. In the absence of a timely contest, the allegations in appellant's affidavit of indigence are deemed true and appellant is allowed to proceed without advance payment of costs. See Tex. R. App. P. 20.1(f).
Accordingly, we issue the following order:
The Harris County District Clerk is ordered to file the complete clerk's record containing the documents listed in Texas Rule of Appellate Procedure 34.5(a) on or before September 22, 2014.
The official court reporter for the 309th District Court, Delores Johnson, is ordered to file the reporter's record from the trial of the underlying case heard on September 23, 2013, November 12, 2013, and November 22, 2013, on or before September 22, 2014, subject to any reasonable extension of time that may be granted.
It is so ordered.
PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Busby.