Opinion
Appellate case number: 01-20-00576-CV
11-17-2020
Dale Robert Calcarone, Sr. d/b/a DRC Construction v. Kelly Pickle
ORDER Trial court case number: CV-86962 Trial court: County Court at Law No. 3 of Galveston County
Appellant, Dale Robert Calcarone, Sr., d/b/a DRC Construction, has filed a notice of appeal of the trial court's August 4, 2020 order granting appellee, Kelly Pickle's Rule 91a motion to dismiss. The clerk's record filed in this Court includes appellant's "Affidavit of Inability to Pay." See TEX. R. CIV. P. 145(a), (b), (d); see also TEX. R. CIV. P. 502.3. The clerk's record and the reporter's record have been filed with this Court at no cost to appellant. Further, the record filed in this Court does not reflect that any motion to require appellant to pay costs or any contest to appellant's filed affidavit. See TEX. R. CIV. P. 145(f); TEX. R. APP. P. 20.1(b).
Accordingly, the Clerk of this Court is directed to make an entry in this Court's records that appellant is allowed to proceed on appeal without payment of costs. See TEX. R. CIV. P. 145(a); TEX. R. APP. P. 20.1. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: November 17, 2020