Opinion
No. 07-08-0125-CV
May 13, 2008.
Appealed from 72nd District Court of Crosby County; No. 6942; Honorable Kevin Hart, Judge.
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER
On May 5, 2008, this Court received a Court Reporter's Request for Extension of Time to File Reporter's Record in the above-identified appellate cause. This request, which was not filed until after the April 14, 2008 deadline for the filing of the reporter's record had already passed, explained that appellant had not paid or made arrangements to pay for the record and stated that the reporter had been informed by the trial court that appellant had not established indigence for appeal purposes. However, appellant timely filed a Declaration of Inability to Pay Costs, which is contained within the clerk's record. The trial court, in its Order for Appointment of Counsel for Appeal, stated that, "The claim of Respondent, TONY SARINANA, for indigence is GRANTED. . . ."
Further, the clerk's record does not contain a contest of appellant's affidavit. Unless a contest to an affidavit of indigence is timely filed, the allegations made by the affidavit will be deemed true and the party will be allowed to proceed without advance payment of costs. TEX. R. APP. P. 20.1(f).
Accordingly, we order Vicki Laing, deputy court reporter for the 72nd District Court of Crosby County to transcribe and file with the Clerk of this Court a reporter's record as required by the Texas Rules of Appellate Procedure and encompassing trial court cause number 6,942. The record shall include all argument, evidence, and exhibits presented to the court during trial, as well as any pretrial and post-trial hearings conducted in said cause. We further order Vicki Laing to file the reporter's record in a manner by which it will be actually received by the Clerk of this Court on or before 5:00 p.m. on June 2, 2008.
Failure to file the reporter's record as directed by this Court's order may result in one or more of the following:
(1) a hearing requiring Vicki Laing to show cause why she should not be held in contempt;
(2) a complaint to the Court Reporter's Certification Board;
(3) appropriate sanctions; or
(4) abatement to the trial court for appropriate action.
It is so ordered.