Opinion
No. 04-16-00194-CV
05-23-2016
Jose PEREZ, Jr., Appellant v. Salud CAZARES, Appellee
From the 83rd Judicial District Court, Val Verde County, Texas
Trial Court No. 3287CCL
Honorable Robert Cadena, Judge Presiding
ORDER
On April 5, 2016, appellant filed a notice of appeal in this court from a final divorce decree entered on January 12, 2016. On April 25, 2016 and also in this court, appellant filed a "Motion Requesting the Court to Waive the Filing Fee," with an affidavit of indigency attached to the motion. That same day, appellant filed a "Motion for Trial Court to Have the Appellates [sic] Record Furnished Without Charge," with the same affidavit of indigency attached to it with district clerk of Val Verde County. The district clerk forwarded a copy of that motion to us, and we received it April 28, 2016.
A party who cannot pay the costs of an appeal must file an affidavit of indigence "in the trial court with or before the notice of appeal." TEX. R. APP. P. 20.1(c)(1). Appellant's affidavit was therefore due in the trial court on April 5, 2016, the date his notice of appeal was filed, or a motion for extension of time to file the affidavit was due in this court fifteen days later, on April 20, 2016. See id. R. 20.1(c)(1), (3). We construed the affidavit filed in this court as a motion for extension of time to file the affidavit in the trial court. Although the affidavit was filed outside the fifteen-day deadline set forth in Rule 20.1(3), we noted that an untimely affidavit of indigence can be "adequate to fulfill the fundamental purpose of Rule 20.1." Higgins v. Randall County Sheriff's Office, 257 S.W.3d 684 (Tex. 2008). Accordingly, we granted appellant's motion to extend time to file an affidavit of inability to pay costs. We then ordered the clerk of this court to send copies of the affidavit and this order to the district clerk, the court reporter, and all parties. See TEX. R. APP. P. 20.1(d)(2). We further ordered any party who desired to file a contest to appellant's affidavit of indigence to file said contest in this court on or before May 16, 2016. See id. R. 20.1(e)(1).
No contests were filed. Because no contests were filed, appellant is considered indigent for purposes of this appeal. Neither the clerk's record nor the reporter's record have been filed in this court. Accordingly, we ORDER the district clerk to file the clerk's record and the court reporter to file the reporter's record in this court on or before June 22, 2016. Appellant's brief will be due in this court thirty days after the date the complete record is filed in this court.
We order the clerk of this court to serve a copy of this order on the district clerk, the court reporter, appellant, and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court