Opinion
Appellate case number: 01-16-00637-CV
11-17-2016
Alvin Sandles v. The Estate of Rachel Jane Archie
ORDER Trial court case number: 428851-401 Trial court: Probate Court No. 4 of Harris County
On September 6, 2016, this court forwarded to the Harris County Clerk appellant's affidavit of indigence and requested a supplemental clerk's record, containing any contests or trial court ruling, to be filed in this court by October 13, 2016. On October 4, 2016, we issued a second order, noting that appellant had filed his brief without the benefit of the reporter's record, which had not been filed due to nonpayment. We struck the brief, reiterated our request for the supplemental clerk's record regarding indigence and stated that appellant's brief would be due 30 days after the reporter's record was filed or after we ordered the case to proceed without a reporter's record.
On October 11, 2016, the Harris County Clerk filed a letter stating that the County Clerk's office was not contesting appellant's affidavit of indigence. Absent a contest, the allegations in appellant's affidavit of indigence are taken as true. See Hager v. Apollo Paper Co., 856 S.W.2d 512, 514 (Tex. App.—Houston [1st Dist.] 1993, no writ) (uncontested affidavit of indigence is conclusive as matter of law).
On November 9, 2016, the court reporter filed the reporter's record. Accordingly, we vacate our orders of September 6, 2016 and October 4, 2016, to the extent they request a supplemental clerk's record. Appellant's brief has been set due on December 9, 2016.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[×] Acting individually Date: November 17, 2016