Opinion
No. 04-17-00099-CV
06-20-2017
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 this 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. Pursuant to our order, the trial court held a hearing and thereafter, made findings of fact and conclusions of law with regard to appellant's indigency. The trial court concluded appellant is indigent for purposes of the appellate record in this matter.
Based on the trial court's conclusion, the clerk filed the clerk's record in this court without cost to appellant on June 16, 2017. On June 12, 2017, the court reporter filed a notification of late record in which she recognized the trial court's indigency conclusion, but stated she had not filed the reporter's record because she had not received any record designation from appellant's counsel. The clerk's office of this court contacted appellant's counsel and advised him about the reporter's notification. In response, on June 15, 2016, appellant's counsel filed a copy of appellant's Designation of Reporter's Record, which he provided to the court reporter.
Accordingly, based on the foregoing, we ORDER the prior abatement lifted and this matter and the attendant appellate deadlines reinstated. We further ORDER the court reporter to prepare and file in this court on or before JULY 17, 2017, the portion of the reporter's record designated by appellant's counsel. Appellant's brief will be due thirty days after the date the reporter's record is filed.
The reporter's notification of late record filed on March 31, 2017, is DENIED AS MOOT.
We order the clerk of this court to serve a copy of this order on all counsel and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk