Opinion
No. 08-16-00017-CV
04-07-2016
John M. Stevenson, Appellant, v. Franklin Garden Apartments, Appellee.
Appeal from the County Court at Law No. 1 of Travis County, Texas (TC# C-1-CV-15-006636) ORDER
The Court has received Appellant's notice of appeal titled "Appeal of Appeal Bond Set and Denial of His Being Indigent." The trial court's order setting the amount of the supersedeas bond is properly challenged by filing a motion in the court of appeals pursuant to Rule 24.4 of the Texas Rules of Appellate Procedure. Therefore, we have construed the notice of appeal as a Rule 24.4 motion and have filed it in the above-styled and numbered appeal. Appellant also indicates in the notice of appeal that he wishes to appeal the trial court's determination that he is not indigent. The trial court determined that Appellant was not indigent in an order entered on December 18, 2015. Appellant submitted a motion to challenge the indigence determination on January 20, 2016, but it was untimely. See TEX.R.APP.P. 20.1(j)(2). Consequently, Appellant is not permitted to challenge the trial court's indigence determination and we will restrict our review to Appellant's contention that the appeal bond is excessive. Appellee's response to the Rule 24.4 motion, if any, is due to be filed no later than April 18, 2016.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.