Opinion
No. 10-14-00137-CV
02-18-2016
2008 CHEVROLET CORVETTE, VIN#1G1YY36W585105455, Appellant v. THE STATE OF TEXAS, Appellee
From the 66th District Court Hill County, Texas
Trial Court No. 51,223
ORDER
This appeal of a civil forfeiture proceeding was dismissed on January 7, 2016 for the failure of James Tyrone Riggs, the appellant, to comply with Chapter 14's affidavit or declaration of previous filings requirement. See 2008 Chevrolet Corvette v. State, No. 10-14-00137-CV, 2016 Tex. App. LEXIS 148 (Tex. App.—Waco 2016, no pet. h.); TEX. CIV. PRAC. & REM. CODE ANN. § 14.004(a) (West 2002). Chapter 14 arguably became applicable in this case after Riggs, an inmate, filed an affidavit of indigence in response to a fee due for filing a motion. Id.
We received a document from Riggs, which we consider to be his motion for rehearing, complaining, among other things that he had paid his fees in this appeal. After reviewing the Court's file, we have determined that Riggs is correct—he has, in fact, paid all of the court cost and fees due in this appeal. Thus, his affidavit of indigence, filed after the fees were paid, was unnecessary.
Although Riggs is an inmate and filed an affidavit of indigence, we have concluded that because he has paid all the court cost and fees, the indigence affidavit is irrelevant and should not trigger the application of Chapter 14 which would require the filing of an affidavit or declaration of previous filings. Because the failure to file the Chapter 14 affidavit or declaration was the basis upon which we dismissed Riggs's appeal, we have reconsidered that dismissal.
Accordingly, based on the forgoing, we grant Riggs's motion for rehearing and withdraw our opinion and judgment dated January 7, 2016. We will proceed to consider Riggs's appeal on the merits based on the briefs already on file. No additional briefing is requested.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Motion granted
Order issued and filed February 18, 2016