Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage

Court of Appeals of Texas

Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage

DecidedAugust 14, 2014

Docket01-14-00472-CV

StatusPublished

This text of Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage (Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage, (Tex. Ct. App. 2014).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Benedict Emesowum v. Zone One Auto Storage and Milam Street Auto Storage Inc. d/b/a Fast Tow Wrecker

Appellate case number: 01-14-00472-CV

Trial court case number: 1045789

Trial court: County Civil Court at Law No. 3 of Harris County

On July 16, 2014, appellant, Benedict Emesowum, filed a motion in this case challenging the trial court’s order sustaining a contest to his affidavit of indigence. See TEX. R. APP. P. 20.1(j)(1). The motion was filed the same day the trial court signed the order. See TEX. R. APP. P. 20.1(j)(2). Nevertheless, neither the trial court clerk nor the court reporter timely filed any record pertaining to appellant’s indigence or the hearing on the contest to his affidavit of indigence. See TEX. R. APP. P. 20.1(j)(3). As a result, we were unable to rule on the motion within 10 days after it was filed, the motion was granted by operation of law, and appellant is entitled to proceed without advance payment of costs. See TEX. R. APP. P. 20.1(j)(4). The Clerk of this Court is ORDERED to make an entry in this Court’s records that appellant is indigent and is allowed to proceed on appeal without advance payment of costs. See TEX. R. APP. P. 20.1(k), (n). It is further ORDERED that the trial court clerk file with this Court, within 30 days of the date of this order and at no cost to appellant, a clerk’s record containing the items specified in Texas Rule of Appellate Procedure 34.5(a), and that the Court Reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP. P. 20.1(k), 35.1(b). Appellant’s brief is ORDERED filed with this Court within 30 days after the later of the date the clerk’s record is filed or the date the reporter’s record is filed. See TEX. R. APP. P. 38.6(a). Appellees’ brief(s), if any, must be filed within 30 days after the date appellant’s brief is filed. See TEX. R. APP. P. 38.6(b). It is so ORDERED. Judge’s signature: /s/ Chief Justice Sherry Radack  Acting individually  Acting for the Court

Date: August 14, 2014

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Benedict Emesowum v. Zone One Auto Storage and Milam Street Auto Storage Inc. d/b/a Fast Tow Wrecker

Appellate case number: 01-14-00472-CV

Trial court case number: 1045789

Trial court: County Civil Court at Law No. 3 of Harris County

On July 16, 2014, appellant, Benedict Emesowum, filed a motion in this case challenging the trial court’s order sustaining a contest to his affidavit of indigence. See TEX. R. APP. P. 20.1(j)(1). The motion was filed the same day the trial court signed the order. See TEX. R. APP. P. 20.1(j)(2). Nevertheless, neither the trial court clerk nor the court reporter timely filed any record pertaining to appellant’s indigence or the hearing on the contest to his affidavit of indigence. See TEX. R. APP. P. 20.1(j)(3). As a result, we were unable to rule on the motion within 10 days after it was filed, the motion was granted by operation of law, and appellant is entitled to proceed without advance payment of costs. See TEX. R. APP. P. 20.1(j)(4). The Clerk of this Court is ORDERED to make an entry in this Court’s records that appellant is indigent and is allowed to proceed on appeal without advance payment of costs. See TEX. R. APP. P. 20.1(k), (n). It is further ORDERED that the trial court clerk file with this Court, within 30 days of the date of this order and at no cost to appellant, a clerk’s record containing the items specified in Texas Rule of Appellate Procedure 34.5(a), and that the Court Reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP. P. 20.1(k), 35.1(b). Appellant’s brief is ORDERED filed with this Court within 30 days after the later of the date the clerk’s record is filed or the date the reporter’s record is filed. See TEX. R. APP. P. 38.6(a). Appellees’ brief(s), if any, must be filed within 30 days after the date appellant’s brief is filed. See TEX. R. APP. P. 38.6(b). It is so ORDERED. Judge’s signature: /s/ Chief Justice Sherry Radack  Acting individually  Acting for the Court

Date: August 14, 2014

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Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benedict-emesowum-v-milam-street-auto-storage-inc--texapp-2014.