Opinion
NO. 14-20-00115-CV
07-09-2020
IN RE GUARDIANSHIP OF QIONG-YING DUAN CHANG, AN ALLEGED INCAPACITATED PERSON
On Appeal from Probate Court No. 1 Harris County, Texas
Trial Court Cause No. 468149
ORDER
On February 24, 2020, appellant Li Chang filed a motion to proceed without payment of costs. See Tex. R. App. P. 20.1. On February 27, 2020, Don G. Pylant, the official court reporter for Probate Court No. 1, filed a contest to Chang's pauper's oath. On March 23, 2020, the clerk's record was filed. No affidavit of inability to pay costs had been filed in the trial court.
On April 21, 2020, this court granted appellant's motion and appellant was deemed indigent for purposes of the appellate filing fee only. Id. In our order, we informed appellant that to obtain the reporter's record without payment of costs, appellant must file a Statement of Inability to Afford Payment of Court Costs in the trial court. See Tex. R. Civ. P. 145.
On May 18, 2020, appellant filed a motion to extend time for filing the reporter's record. In the motion appellant states that appellant filed a Statement of Inability to Afford Payment of Court Costs in the trial court and a hearing was scheduled for May 28, 2020. Appellant requested an extension until June 29, 2020, to file the reporter's record.
As of this date, the reporter's record has not been filed. We enter the following order:
The Harris County District Clerk and the court reporter for Probate Court No. 1 are ordered to prepare and file with this court the record of all trial court proceedings on appellant's claim of indigence, including, but not limited to: appellant's Statement of Inability to Afford Payment of Court Costs filed in the trial court and the trial court's order ruling on the court reporter's contest. See Tex. R. Civ. P. 145(f)(3). The record must be provided without charge and filed with this court within fifteen days of the date of this order.
Pending resolution of appellant's claim of indigence, the court takes no action on appellant's motion to extend time to file the reporter's record.
PER CURIAM Panel consists of Chief Justice Frost and Justices Zimmerer and Poissant.