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Diggles v. Tex. Farmers Ins. Co.

Court of Appeals of Texas, Ninth District, Beaumont
Jul 22, 2024
No. 09-23-00208-CV (Tex. App. Jul. 22, 2024)

Opinion

09-23-00208-CV

07-22-2024

LATOSHA DIGGLES, Appellant v. TEXAS FARMERS INSURANCE COMPANY AND LINDSAY, LINDSAY & PARSONS, Appellees


On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. E203884 and 23DCCV0665

Before Golemon, C.J., Johnson and Wright, JJ.

ORDER

PER CURIAM.

On August 1, 2023, the District Clerk informed the appellate court that Diggles was not declared indigent in the trial court and not entitled to a copy of the clerk's record without paying the fee for the clerk's record. We have determined that on May 6, 2024, Latosha Diggles filed a statement of inability to afford payment of court costs in the trial court. See generally Tex. R. Civ. P. 145.

Therefore, we abate the appeal and remand the case to the trial court and order the trial court to hold a hearing to determine if the appellant is indigent and therefore entitled to a free record of the trial court proceedings. Any documents filed and orders signed pursuant to Rule 145 shall be forwarded to this Court for filing as a supplemental record no later than August 21, 2024. If the trial court has not made a determination under Rule 145 by the end of the 30 days, the trial court shall file a status report informing this Court of the status of the Rule 145 determination and shall inform this Court whether additional time is needed for a hearing to be held and for the trial court to make a determination under Rule 145.

The appeal will be reinstated without further order of this Court when the supplemental record pertaining to the trial court's Rule 145 determination is filed with this Court.

ORDER ENTERED.


Summaries of

Diggles v. Tex. Farmers Ins. Co.

Court of Appeals of Texas, Ninth District, Beaumont
Jul 22, 2024
No. 09-23-00208-CV (Tex. App. Jul. 22, 2024)
Case details for

Diggles v. Tex. Farmers Ins. Co.

Case Details

Full title:LATOSHA DIGGLES, Appellant v. TEXAS FARMERS INSURANCE COMPANY AND LINDSAY…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jul 22, 2024

Citations

No. 09-23-00208-CV (Tex. App. Jul. 22, 2024)