Opinion
No. 04-17-00099-CV
05-24-2017
Victor RAMOS, Appellant v. CITY OF LAREDO and Police Officer Gustavo Guerra, Jr., Appellees
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2015CVT003985 D2
Honorable Susan D. Reed, Judge Presiding
ORDER
On February 23, 2017, appellant filed a notice of appeal from the trial court's January 30, 2017 judgment. On March 9, 2017, appellant, who is represented by retained counsel, filed a "Sworn Affidavit of Indigency." Appellant's counsel paid the required filing fee in this court, but advised appellant is unable to pay for the record. It appears appellant did not file his affidavit in the trial court. See TEX. R. CIV. P. 145.
On March 20, 2017, appellee City of Laredo filed in this court an objection to appellant's affidavit. Then, on March 31, 2017, the court reporter filed a notification of late record in this court advising appellant had not paid for the record and was not entitled to a free record.
Based on the foregoing, and pursuant to Rule 145 of the Texas Rules of Civil Procedure, we ordered that anyone who wished to object to appellant's affidavit to file such objection in this court on or before April 17, 2017. We advised the court reporter that a notification of late record does not constitute an objection, and therefore, if she intended to object to appellant's affidavit of indigency, she was required to file an objection in accordance with this court's order. Other than the objection filed by appellee City of Laredo, no other objection has been filed.
Because an objection was filed, on April 21, 2017, we ordered the appeal abated and the matter remanded to the trial court for proceedings in accordance with Rule 145 of the Texas Rules of Civil Procedure. See id. We ordered the trial court to prepare findings of fact and conclusions of law with regard to appellant's affidavit of indigence and the objection thereto on or before May 22, 2017. We further ordered the district clerk to prepare and file in this court a supplemental clerk's record containing the trial court's findings of fact and conclusions of law within fifteen days of the date the trial court completed its findings and conclusions.
This court mailed the order to the trial court by first class mail. On May 22, 2017, the trial court called the clerk's office of this court to advise that it had not timely received our April 21, 2017 order and would be unable to prepare the findings and conclusions as directed by this court. Thereafter, the district clerk filed a notification of late record advising that the trial court had scheduled the ordered proceeding on the affidavit and objection for June 8, 2017. The clerk advised that it was unsure when the office would be able to file the required supplemental clerk's record as it was dependent upon the trial court's completion of the findings and conclusions.
Based on the foregoing, we GRANT the clerk's request for an extension of time pursuant to the notification of late record and ORDER the district clerk to file a supplemental clerk's record in this court containing the trial court's findings of fact and conclusions of law on or before June 23, 2017.
We order the clerk of this court to serve a copy of this order on the trial court, all counsel, the district clerk, and the court reporter. All other appellate deadlines remain suspended until further order of this court.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court