Opinion
Appellate case number: 01-15-00505-CV
06-30-2015
Marcy Lerch v. Wilmington Trust NA Successor Trustee for the Merrill Lynch Mortgage Investor Trust Series 2006-HE5
ORDER Trial court case number: 15-CCV-054652 Trial court: County Court at Law No. 1 of Fort Bend County
On June 8, 2015, appellant, Marcy Lerch, filed an affidavit of indigence in this Court in the above-referenced appeal. See TEX. R. APP. P. 20.1(a)(2). On June 11, 2015, we referred the affidavit to the trial clerk to be filed. See id. at 20.1(c)(1), (d), 25.1(a). On June 22, 2015, the trial clerk filed an indigent clerk's record in this Court with a cover letter stating that ten days had passed and no contest to the affidavit was filed in the trial court. See id. at 20.1(e). Also on June 22, 2015, the court reporter filed an information sheet in this Court requesting more time to file the reporter's record because the trial court had not yet ruled on the appellant's affidavit of indigence.
Accordingly, the allegations in the affidavit of indigence are deemed true, and appellant is entitled to proceed without advance payment of appellate costs. See TEX. R. APP. P. at 20.1(f). The Clerk of this Court is ORDERED to deem the appellant indigent and that she is allowed to proceed on appeal without advance payment of costs for purposes of the appellate filing fee and the clerk's and reporter's record fees.
It is further ORDERED that the trial clerk and court reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, a clerk's record containing the items specified in Texas Rule of Appellate Procedure 34.5(a) and a reporter's record containing the items specified in Texas Rule of Appellate Procedure 34.6(a). See TEX. R. APP. P. 20.1(k).
It is so ORDERED. Judge's signature: /s/ Justice Higley
X Acting individually [ ] Acting for the Court
Date: June 30, 2015