Opinion
Appellate case number: 01-19-00043-CV
01-24-2019
Jennifer Mellott v. HACDC
ORDER Trial court case number: 1120365 Trial court: County Civil Court at Law No. 1 of Harris County
Appellant, Jennifer Mellott, filed a pro se notice of appeal on January 14, 2019, in the trial court from the December 3, 2018 final judgment in this forcible detainer action after timely filing a motion for new trial on December 5, 2018. See TEX. R. APP. P. 26.1(a)(1). On January 15, 2019, the county clerk filed an indigent clerk's record containing appellant's Statement of Inability to Afford Payment of Court Costs or an Appeal Bond ("Statement"), filed on October 24, 2018, but no court order. On January 17, 2019, the court reporter's information sheet stated that no reporter's record was taken.
Rule of Appellate Procedure 20.1 provides that a party who files such a Statement in the trial court "is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence in an order that complies with Texas Rule of Civil Procedure 145." TEX. R. APP. P. 20.1(b)(1). Because appellant's indigence claim was not overruled by the trial court, appellant is not required to pay appellate costs. See id.
Accordingly, the Clerk of this Court is directed to mark appellant indigent in this Court's records and allowed to proceed without advance payment of the appellate filing, clerk's, and reporter's record fees. Thus, because appellant is proceeding pro se, the Court ORDERS the county clerk to file the original clerk's record, if different from the indigent clerk's record, to mail it to the appellant, at no cost to appellant, within 20 days of the date of this order, and shall certify the delivery date within 30 days of the date of this order. Finally, appellant is ORDERED to file appellant's brief within 45 days from the date of this Order. See TEX. R. APP. P. 2, 38.6(a)(1).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually [ ] Acting for the Court Date: January 24, 2019