Opinion
04-23-00917-CV
01-10-2024
Peter T. CISNEROS, Appellant v. CINCINNATI INSURANCE COMPANY AS SUBROGEE OF J. MILLS ENTERPRISES, INC. d/b/a Visiting Angels, Appellee
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 22-380 Honorable Kirsten Cohoon, Judge Presiding.
ORDER
Rebeca C. Martinez, Chief Justice.
On September 25, 2023, the trial court signed a default judgment that found Silvia Galindo-Martinez and appellant Peter T. Cisneros, Sr. jointly and severally liable for $17,978.16 in damages to appellee Cincinnati Insurance Company as Subrogee of J Mill Enterprises, Inc. d/b/a Visiting Angels. Cisneros, proceeding pro se, appeals from this default judgment.
On December 6, 2023, court reporter Shirley Sueltenfuss filed a notification of late record, notifying this court that the reporter's record was not filed when it was originally due because: (1) appellant had failed to request the record, and (2) appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record and that appellant was not entitled to appeal without paying the fee. Thereafter, we issued a show cause order. Our show cause order directed that, by December 26, 2023, Cisneros provide written proof "that appellant has requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included" and "that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee."
On December 29, 2023, Cisneros filed a letter asserting that he is indigent and incarcerated. Cisneros also requests that we appoint him counsel. Cisneros's letter does not contain the information required in a Statement of Inability to Afford Payment of Court Costs. "An appellate court may permit a party who did not file a Statement of Inability to Afford Payment of Court Costs in the trial court to proceed without payment of costs." TEX. R. APP. P. 20.1(c). However, "[t]he court may require the party to file a Statement in the appellate court." Id.
The clerk of this court is ORDERED to send a copy of a Statement of Inability to Afford Payment of Court Costs to Cisneros.
Cisneros is ORDERED to complete the Statement and return it to the clerk of this court by January 30, 2024.
We DENY Cisneros's request for appointment of counsel. All other appellate deadlines are SUSPENDED pending further order of this court.