Opinion
01-23-00628-CV
01-04-2024
Carl Ray Marburger v. Leslie Rene Guest a/k/a Leslie Renee Guest, and Walter J. Parker
190th District Court of Harris County, Trial court case numbers: 2016-49657
ORDER
April Farris, Judge.
Appellant, Carl Ray Marburger, proceeding pro se, appealed from the trial court's July 28, 2023 final judgment. On December 22, 2023, appellant filed a "[M]otion to Intervene [t]o [R]emove [B]lock [P]laced on [T]ax [A]ccount." Appellant's motion fails to "contain or be accompanied by any matter specifically required by a rule governing such a motion," "state with particularity the grounds on which it is based," or to "set forth the order or relief sought." See TEX. R. APP. P. 10.1(a)(1), (2), (3).
Because we are unable to determine the specific relief sought by appellant, we must deny his "[M]otion to Intervene [t]o [R]emove [B]lock [P]laced on [T]ax [A]ccount."
We also note that the appellate record was due to be filed by November 27, 2023. While the clerk's record was filed on December 1, 2023, the reporter's record has not yet been filed with the Court. On November 30, 2023, the official court reporter for the 190th District Court filed an "Information Sheet by Court Reporters," notifying the Court that there was a reporter's record for this case, but it had not been filed because appellant had not paid, or made arrangements to pay, for the preparation of the reporter's record.
On December 22, 2023, appellant filed an "Affidavit of Indigency," requesting that he be permitted to proceed on appeal without payment of costs. The clerk's record does not include any indication that appellant was permitted to proceed without costs in the trial court. See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1(b)(1). However, we conclude, based on appellant's "Affidavit of Indigency," that appellant may proceed without payment of costs on appeal. See TEX. R. APP. P. 20.1(c).
Accordingly, the Clerk of this Court is directed to make an entry in this Court's records that appellant is allowed to proceed on appeal without payment of costs or fees. We further direct the official court reporter for the 190th District Court to file the reporter's record with this Court, at no cost to appellant, within thirty days of the date of this order.
It is so ORDERED.