Opinion
No. 04-15-00716-CV
01-21-2016
Clark A. TCHERNOWITZ, Appellant v. GARDENS AT CLEARWATER, Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. 15542C
Honorable Susan Harris, Judge Presiding
ORDER
The notice of appeal filed by appellant on November 16, 2015, was liberally construed to be a good faith attempt to invoke the jurisdiction of this Court to appeal the trial court's judgment rendered November 5, 2015. See Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997).
Although appellant did not file an affidavit of indigence in the trial court or a motion to extension of time to file the affidavit before he filed the notice of appeal, on January 7, 2016, we construed his letter dated November 28, 2015, as such. See Higgins v. Randall Cnty. Sheriff's Off., 257 S.W.3d 684 (Tex. 2008)(an untimely affidavit of indigence can be "adequate to fulfill the fundamental purpose of Rule 20.1); TEX. R. APP. P. 20.1(c)(1),(3).
On January 15, 2016, the court reporter filed a timely and sufficient contest to the construed affidavit of indigence. See TEX. R. APP. P. 20.1(e)(1).
Therefore, appellant is ORDERED to provide evidence to establish his indigence. Appellant shall file an affidavit compliant with Texas Rule of Appellate Procedure 20.1(b). Appellant must file this affidavit on or before February 1, 2016. If appellant does not timely file this evidence of indigence, appellant will be required to pay the costs of appeal.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court