Opinion
No. 04-13-00720-CV
11-25-2013
Marilyn STEWART, Appellant v. THE CITY OF SAN ANTONIO, Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-09344
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
On November 6, 2013, this appeal was abated to the trial court for a hearing to consider appellant's indigence and to determine whether this appeal is frivolous. See TEX. CIV. PRAC. & REM. CODE § 13.003. On November 18, 2013, the trial court signed an order sustaining the appellee's contest to appellant's affidavit of indigence and finding this appeal to be frivolous. On November 18, 2013, appellant filed a letter in this court which we construe as notice of her intent to appeal the trial court's order.
It is therefore ORDERED that this appeal is REINSTATED on the docket of this court. The trial court clerk is ORDERED to file a clerk's record containing the appellant's affidavit of indigence, the appellee's contest, and the trial court's order no later than twenty days from the date of this order. The court reporter present at the hearing on the contest is ORDERED to file the reporter's record from that hearing within twenty days from the date of this order. The appellant is ORDERED to file a brief limited to the issues of her indigence and the trial court's finding that this appeal is frivolous no later than twenty days from the date the clerk's record and reporter's record are filed pursuant to this order. The appellee is ORDERED to file a brief in response to appellant's brief no later than twenty days from the date the appellant's brief is filed.
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Catherine Sitane, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of November, 2013.
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Keith E. Hottle
Clerk of Court