Opinion
No. 04-13-00725-CV
05-20-2014
David Allan EDWARDS, Appellant v. COUNTY OF ATASCOSA, Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 12-02-0185-CVA-A
Honorable Thomas F. Lee, Judge Presiding
ORDER
Appellant David Allan Edwards is an inmate acting pro se. We abated this appeal for the trial court to determine (1) whether Appellant is indigent, see TEX. R. APP. P. 20.1; Higgins v. Randall County Sheriff's Office, 257 S.W.3d 684, 688 (Tex. 2008), and if so, (2) whether Appellant's appeal is frivolous, see TEX. CIV. PRAC. & REM. CODE ANN. § 14.003 (West 2002).
The trial court determined that Appellant's appeal is frivolous. See id. Appellant filed a response to the trial court's determination, and Appellee filed a reply to Appellant's response.
The supplemental clerk's record does not show any contest was timely filed to Appellant's affidavit of indigence. See TEX. R. APP. P. 20.1(f). Thus, Appellant's allegations of indigence are deemed true, and Appellant is entitled to the clerk's and reporter's records without cost.
We REINSTATE the appellate timetable. We ORDER the trial court clerk and the court reporter to file their respective records within THIRTY DAYS of the date of this order.
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of May, 2014.
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Keith E. Hottle
Clerk of Court