Opinion
05-21-00360-CV
08-31-2021
MOLLY L. WILKERSON, Appellant v. MARK MALDONADO, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-51795-2021
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant has filed a response to the trial court's order denying her indigent status which we construe as a motion to review the trial court's order sustaining the contest to her statement of inability to pay costs. See TEX. R. CIV. P. 145(g). We ORDER Collin County District Clerk Lynne Finley to file, by September 8, 2021, a supplemental clerk's record containing the following documents:
1. Statement of Inability to Pay Costs - filed May 18, 2021;
2. Statement of Inability to Pay Costs - filed May 27, 2021;
3. Any Contest to the Statement of Inability to Pay Costs;
4. Any Response to Contest; and
5. Order on Contest of Affidavit of Inability to Pay Costs - signed June 17, 2021.
The Court is in receipt of Ms. Finley's July 28, 2021 letter stating that she would not be filing a supplemental clerk's record in this appeal with the trial court's June 17 order because the heading of that order contained only trial court cause number 366-53554-2020 which is associated with appellate cause number 05-21-00242-CV. However, the text of the June 17 order states that appellant "is found not to be indigent, and she is therefore required to pay any fees relating to the court reporter's records in the cases arising out of cause numbers 366-53554-2020, 366-50778-2021, and 366-51795-2021." Therefore, we conclude the June 17 order is applicable to this appeal. See Solomon v. Stone, No. 05-17-00889-CV, 2018 WL 2926676, at *2 (Tex. App.-Dallas June 7, 2018, no pet.) (mem. op.) (express decretal language in judgment controls).
If any of the above-listed documents cannot be located, Ms. Finley shall provide written verification of such fact.
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Finley; Antoinette Varela, Official Court Reporter for the 366th Judicial District Court; and, all parties.