Stumon v. Oliver

Full title: THERESA STUMON, Appellant v. CHANCE OLIVER, ET AL., Appellees

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 18, 2019

No. 05-19-01155-CV (Tex. App. Dec. 18, 2019)

Opinion

No. 05-19-01155-CV

12-18-2019

THERESA STUMON, Appellant v. CHANCE OLIVER, ET AL., Appellees

ROBERT D. BURNS, III CHIEF JUSTICE

On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-10279

ORDER

Before the Court is appellant's December 13, 2019 "third amendment motion to reinstate." The sixty-nine page document, which includes a "second amended pleading motion in title claim," asserts "causes of action" and "verified defenses," moves to strike certain documents not before the Court, and requests appellant be entitled to proceed without payment of costs.

To the extent appellant seeks to proceed without payment of costs, we GRANT the motion as it pertains to appellate court filing fees. See TEX. R. APP. P. 20.1(a). Fees charged by the trial court clerk or court reporter for the preparation of the appellate record are governed by Texas Rule of Civil Procedure 145. See id. 20.1(a); TEX. R. CIV. P. 145. To the extent appellant seeks any other relief, we DENY the motion.

We note appellant has filed her brief even though the clerk's record has not been filed. We further note appellant has twice been directed to provide written verification that she has paid or made arrangements to pay for the clerk's record or is entitled to proceed without payment of costs, but has not complied either time. Although she has been cautioned that failure to provide the requested verification could result in dismissal of the appeal, we do not dismiss the appeal at this time to the extent appellant may believe her request to be allowed to proceed without payment costs in her motion complied with the directives. To afford appellant an opportunity to proceed as indigent under rule of civil procedure 145 for purposes of having the clerk's record filed without payment of the clerk's fee, we ORDER appellant to file the requested verification no later than January 7, 2020. We caution that failure to comply will result in dismissal of the appeal without further notice. See TEX. R. APP. P. 37.3(b), 42.3(b),(c).

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE