Opinion
05-23-01016-CV
12-13-2023
MARKUS PINNICK, Appellant v. PATRIOT PARK APT, Appellee
On Appeal from the County Court at Law No. 1 Collin County, Texas Trial Court Cause No. 001-02363-2023
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
The clerk's record in this case is overdue. By order dated December 1, 2023, we ordered the Collin County Clerk to file either the clerk's record or written verification that appellant had been found not entitled to proceed without payment of costs within ten days. In response, the Collin County Clerk's Office filed a notice informing the Court that although appellant filed an affidavit of inability to pay with the Justice of the Peace Court, the clerk's record had not been filed because appellant had not paid for the clerk's record.
Because appellant has filed an affidavit of inability to pay, the affidavit was not contested, and the trial court has not ordered appellant to pay costs, we ORDER the Collin County Clerk to file the clerk's record without payment of costs within TEN DAYS of the date of this order. See Jamal v. Woodbridge Crossing, No. 01-16-00726-CV, 2018 WL 5539418, at * 1 (Tex. App-Houston [1st Dist.] Oct. 30, 2018, no pet.) (appellant not required to pay for preparation of reporter's record when uncontested affidavit of inability to pay filed in justice court).