Opinion
No. 04-16-00172-CV
05-04-2016
Susan WIEDENFELD, Appellant v. Charles Alan MARKGRAF, Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-12374
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
Appellant filed a notice of appeal on March 29, 2016 and an affidavit of indigency on April 12, 2016. The affidavit complies with the requirements of the Texas Rules of Appellate Procedure, except it does not appear that appellant filed an affidavit of indigence "in the trial court with or before the notice of appeal." See TEX. R. APP. P. 20.1(c)(1). Appellant's affidavit of indigence was, therefore, due to be filed in the trial court on or before March 29, 2015, the date his notice of appeal was filed. Although appellant did not file the affidavit in the trial court or a motion to extension of time to file the affidavit before she filed the notice of appeal, we will construe her notice of appeal and affidavit as sufficient to satisfy the rule. See Higgins v. Randall Cty. 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). Accordingly, appellant's motion for extension of time to file an affidavit of indigence in the trial court is GRANTED and appellant's affidavit of indigence is deemed filed.
The clerk of court is ordered to send copies of the affidavit of indigency and this order to the trial court clerk, the court reporter, and all parties. TEX. R. APP. P. 20.1(d)(2).
We further ORDER the deadline to file any contest to the affidavit of indigency to be filed within 10 days of the date this order is mailed. Any contest must be filed in this court. TEX. R. APP. P. 20.1(e)(1).
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court