Opinion
No. 04-13-00778-CV
11-06-2013
Comfort ROBERTS, Appellant v. LLOYD DOUGLAS ENTERPRISES INC., Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-12260
Honorable Solomon Casseb, III, Judge Presiding
ORDER
The clerk's record and reporter's record are due February 11, 2014. Appellant has filed an Affidavit of Indigency.
Accordingly, the clerk, court reporter, or any party who desires to challenge appellant's claim of indigence is hereby ORDERED to do so by filing a contest to the affidavit in the trial court no later than November 18, 2013. TEX. R. APP. P. 20.1(e).
Pursuant to Texas Rule of Appellate Procedure 20.1(h)(4), we abate this case to the trial court:
A. To conduct a hearing or sign an order extending the time to conduct a hearing within ten days after the contest is filed; provided, however, that the time for conducting a hearing on the contest must not be extended for more than twenty days from the date the trial court signs its order extending the time to conduct the hearing. TEX. R. APP. P. 20.1(i)(2),(3) and
B. To determine whether or not the appeal is frivolous if no contest is filed or if a contest is overruled. See TEX. CIV. PRAC. & REM. CODE ANN. § 13.003 (West 2002).
The trial court is hereby ORDERED to prepare a written order and written findings of fact and conclusions of law regarding its indigence determination and its determination with regard to whether the appeal is frivolous.
The trial court clerk is hereby ORDERED to electronically file a clerk's record, as soon as practicable after the trial court enters its order and written findings and conclusions but in no event later than sixty days from the date of this court's order, containing: (1) the contest or a certificate stating no contest was filed; (2) the trial court's order; (3) the trial court's findings of fact and conclusions of law; (4) the judgment being appealed; (5) any post-judgment motions; (6) the notice of appeal; and (7) the court's docket sheet.
The court reporter is hereby ORDERED to file a reporter's record of the hearing as soon as practicable but in no event later than sixty days from the date of this court's order.
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Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of November, 2013.
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Keith E. Hottle
Clerk of Court