Opinion
Appellate case number: 01-17-00455-CV
08-22-2017
Ali Yazdchi v. Maksansam Inc dba Ideal Towing, Oaks Condominium Association, Area 5 Vehicle Storage, The Oaks Condominium Association
ORDER Trial court case number: 1085537 Trial court: County Civil Court at Law No. 2 of Harris County
This Court's August 8, 2017 Order and Notice of Intent to Dismiss for Want of Jurisdiction had notified the pro se appellant, Ali Yazdchi, that this appeal was subject to dismissal unless he obtained a permission order from Administrative Judge Underwood within 10 days of that Order. On August 16, 2017, appellant filed an order granting him permission to file this appeal, signed on August 16, 2017, by Judge Underwood. Thus, the Clerk of this Court is directed to accept for filing appellant's appeal, and related filings in this case, under Texas Civil Practices and Remedies Code Section 11.103(a).
On June 26, 2017, the Clerk of this Court sent a notice to appellant stating that the court reporter, Kevin J. Bruzewski, had stated that the appellant had failed to request or pay for the reporter's record and, unless he established indigence or paid that fee by July 26, 2017, this Court may require him to file his brief without a reporter's record. See TEX. R. APP. P. 37.3(c). On July 11, 2017, the Clerk of this Court sent a notice to appellant stating that, absent a record showing he was indigent, unless he paid the filing fee by August 10, 2017, this appeal was subject to dismissal.
Also on July 11, 2017, the county clerk filed an original clerk's record in this Court containing, among other documents, appellant's "Statement of Inability to Afford Payment of Court Costs or an Appeal Bond" ("Statement"), filed on July 6, 2017, and the Bill of Cost notes that the clerk's record fee was waived due to this Statement. There was no contest or a trial court's order regarding the Statement included in the record.
Rule of Appellate Procedure 20.1 provides that a party who files such a Statement in the trial court "is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence in an order that complies with Texas Rule of Civil Procedure 145." TEX. R. APP. P. 20.1(b)(1). Because appellant's claim of indigence was uncontested and not overruled by the trial court, appellant is not required to pay costs in this appeal. See id.
Accordingly, the Clerk of this Court is ORDERED to deem the appellant indigent and allowed to proceed without advance payment for purposes of the filing and reporter's record fees. Therefore, the Court ORDERS Kevin J. Bruzewski, or the substitute reporter, to prepare, certify, and file the reporter's record in this appeal without advance payment of costs. See TEX. R. APP. P. 20.1(b)(1), 34.5(a), (c), 34.6(d). The reporter's record must be filed with the Clerk of the First Court of Appeals within 20 days from the date of this Order. Finally, because appellant is proceeding pro se and is incarcerated, we ORDER the county clerk to mail the clerk's and reporter's records to the appellant within 30 days of the date of this Order, at no cost to appellant, and shall further certify to this Court the delivery date within 40 days of this Order.
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually [ ] Acting for the Court Date: August 22, 2017