Opinion
Appellate case number: 01-18-00266-CV
04-24-2018
Veronica Parga v. Sugarberry Place
ORDER Trial court case number: 1107336 Trial court: County Civil Court at Law No. 2 of Harris County
On April 9, 2018, appellant, Veronica Parga, filed a pro se notice of appeal in the trial court from the final judgment, signed by the county court on April 9, 2018. On April 11, 2018, the court reporter filed an info sheet in this Court stating that there was a reporter's record taken, but appellant had not requested it. On April 16, 2018, the county clerk filed a clerk's record containing appellant's Statement of Inability to Afford Payment of Court Costs or an Appeal Bond ("Statement"), filed on March 7, 2018, but no trial court's order denying it. The county clerk's Bill of Cost states that the clerk's record fee was waived due to appellant's Statement.
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 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. The Court ORDERS the court reporter to file the reporter's record by June 8, 2018, at no cost to appellant. Further, because appellant is proceeding pro se, the Court ORDERS the district clerk to mail the appellate records to appellant within 45 days of this Order, at no cost to appellant, and shall certify the delivery date within 50 days. Appellant is ORDERED to file her appellate brief no later than 60 days from the date of this Order. See TEX. R. APP. P. 2, 38.6(a)(2).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: April 24, 2018