Opinion
Appellate case number: 01-15-00364-CV
07-28-2015
Brandy Silman v. U.S. Bank, N.A.
ORDER Trial court case number: 29,587 Trial court: 335th District Court of Bastrop County
On March 24, 2015, appellant, Brandy Silman, proceeding pro se, filed an affidavit of indigence in the trial court with her notice of appeal in the above-referenced trial court proceeding. See TEX. R. APP. P. 20.1(a)(2). On April 13, 2015, the court reporter filed an information statement that there was no reporter's record taken. On April 22, 2015, the clerk's record was filed, including the appellant's affidavit of indigence, but there was no indication whether there was a contest to the affidavit filed.
Pursuant to the Texas Supreme Court's docket equalization powers, this appeal was transferred from the Third Court of Appeals to this Court on April 21, 2015. See TEX. GOV'T CODE ANN. § 73.001 (West Supp. 2014); Order Regarding Transfer of Cases From Courts of Appeals, Misc. Docket No. 15-9054, ¶ II (Tex. Mar. 24, 2015). --------
On June 26, 2015, the Clerk of this Court requested an indigent clerk's record be filed by the trial clerk. See TEX. R. APP. P. at 20.1(c)(1), (d)(1), (e)(1). On July 2, 2015, the trial clerk filed a cover letter, dated June 29, 2015, in this Court stating that no contest to the affidavit of indigence was timely filed in the trial court. See id. at 20.1(e)(1).
Accordingly, the allegations in the affidavit of indigence are deemed true, and appellant is entitled to proceed without advance payment of appellate costs. See TEX. R. APP. P. at 20.1(f). The Clerk of this Court is ORDERED to deem the appellant indigent and to order that she is allowed to proceed on appeal without advance payment of costs for purposes of the appellate filing fee and the clerk's record fees.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually
Date: July 28, 2015