Opinion
No. 04-13-00612-CV
2013-09-26
Sage M. BARRERA and Jenesey Barrera, Appellant v. Dean T. CHERER, Appellee
From the County Court, Guadalupe County, Texas
Trial Court No. 2013-CV-0077
Charles Ramsay, Judge Presiding
ORDER
Appellants Sage and Jenesey Barrera filed affidavits of indigence in this court. A party who cannot pay the costs of an appeal must file an affidavit of indigence "in the trial court with or before the notice of appeal." TEX. R. APP. P. 20.1(c)(1). It does not appear that appellants timely filed an affidavit of indigence with the trial court; however, an untimely, uncontested affidavit of indigence can be "adequate to fulfill the fundamental purpose of Rule 20.1." Higgins v. Randall County Sheriff's Office, 257 S.W.3d 684, 688 (Tex. 2008).
The trial court clerk, court reporter, or any party can file a contest to the affidavits with this court in accordance with Rule 20.1(e) within ten days from the date of this order. See TEX. R. APP. P. 20.1(e). If no contest is filed, the allegations in the affidavits will be deemed. See TEX. R. APP. P. 20.1(f). If a contest is timely filed, this court will issue an appropriate order.
The clerk of this court is ORDERED to send a copy of this order to all counsel, the trial court clerk, the court reporter, and the trial court judge. See TEX. R. APP. P. 20.1(d)(2).
______________________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of September, 2013.
______________________
Keith E. Hottle
Clerk of Court