Opinion
No. 10-12-00226-CV
08-30-2012
FINIS CROSS, Appellant v. TOYO INC. MFG. AMERICA LLC, YOICHI HASHIMOTO, JAMES HONDA, JOHN HIGGINS, YASUO KOGA, KAZUHITO NAKANO, TOYO INC. INTERNATIONAL, Appellees
From the 272nd District Court
Brazos County, Texas
Trial Court No. 10-000083-CV-272
ORDER
Finis Cross's Notice of Appeal and Affidavit of Indigence were filed in this Court on June 28, 2012. Both court reporters involved in the underlying case filed contests to the affidavit of indigence in this Court on June 29, 2012 and July 9, 2012. By letter dated July 11, 2012, the Clerk of this Court notified the Appellees, the reporters, and the trial court clerk that an affidavit of indigence had been filed, noted that the reporters had already filed contests, and directed that any additional contest must be filed with this Court within 21 days from the date of the letter. Appellees's contest was filed on July 23, 2012. No other contests have been filed. An amended affidavit of indigence was filed on August 16, 2012.
Texas Rule of Appellate Procedure 20.1(h) provides that, upon the filing of an affidavit of indigence in the appellate court, the appellate court may "refer the matter to the trial court with instructions to hear evidence and grant the appropriate relief." TEX. R. APP. P. 20.1(h)(4).
Accordingly, we abate this appeal and refer the matter to the trial court with instructions to hear evidence and grant the appropriate relief. Id. The trial court is ordered to conduct a hearing or sign an order extending the time to conduct a hearing, with prior notice to the parties and the reporters, on the contests within 10 days after the date this referral is received by the trial court. TEX. R. APP. P. 20.1(i). The time for extending a hearing on the contest must not be more than 20 days from the date the extension order is signed. Id. (i)(3). Unless, within the time period set for the hearing, the trial court signs an order sustaining the contest, the affidavit's allegations will be deemed true and Cross will be allowed to proceed without advance payment of costs. Id. (i)(4).
Supplemental clerk's and reporter's records containing the trial court's written or oral findings and rulings, if any, must be filed with this Court within 14 days after the trial court's hearing is held.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated, referred to trial court