Opinion
No. 08-15-00348-CV
01-22-2016
Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R&D International, Appellants, v. Alliance Riggers & Constructors, LTD, Appellee.
Appeal from the County Court at Law No. 5 of El Paso County, Texas (TC# 2012-DCV04523) ORDER
Appellants filed an affidavit of indigence directly with the Court in the above-styled and numbered appeal, and Appellee responded by filing a contest. Appellants filed written objections to the contest and moved to strike it. Appellants' objections to the documents attached to Appellee's contest and their motion to strike the contest are overruled.
The Court has determined that it is necessary to refer the contest on the affidavit of indigence to the trial court for the purpose of hearing evidence and granting relief. TEX.R.APP.P. 20.1(h)(4). Appellee's motion to strike the affidavit of indigence will remain pending until after the trial court has conducted the hearing and ruled.
It is therefore ordered that the trial court conduct a hearing on Appellee's contest within ten days after the trial court receives this order as required by Rule 20.1(i)(2)(B), or within twenty days after the date of an order extending the time for a hearing as permitted by Rule 20.1(i)(3). At the hearing, the burden will be on Appellants to prove the allegations contained within the affidavit of indigence. See TEX.R.APP.P. 20.1(g)(1). In the event the trial court does not conduct the hearing and rule upon the contest by the deadlines specified by Rule 20.1, the affidavit's allegations will be deemed true, and Appellants will be allowed to proceed on appeal without advance payment of costs. TEX.R.APP.P. 20.1(i)(4).
The trial judge shall forward its order on the contest to the District Clerk of El Paso County, Texas as soon as possible but no later than three days after the order is signed. The District Clerk shall prepare and forward a supplemental clerk's record containing the order on the contest to this Court as soon as possible but no later than five days after the trial court files the order. Further, the trial court's reporter shall prepare, certify, and file the record of the hearing on the contest with this Court as soon as possible but no later than five days after the hearing on the contest. In the event the trial court sustains the contest and Appellants appeal that decision, the accelerated deadlines for filing the clerk's and reporter's records as specified in Rule 20.1(j)(3) will be applicable.
The appellate deadlines in this appeal shall be suspended pending resolution of Appellee's contest to the affidavit of indigence. The Court will enter an order reestablishing the appellate deadlines.
IT IS SO ORDERED this 22nd day of January, 2016.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.
(Hughes, J., not participating)