Blanca Emid Petty v. John Kent Petty
This text of Blanca Emid Petty v. John Kent Petty (Blanca Emid Petty v. John Kent Petty) 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.
Opinion
NUMBER 13-14-00051-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG ____________________________________________________________
Blanca Petty, Appellant,
v.
John K. Petty, Appellee. ____________________________________________________________
On appeal from the 329th District Court of Wharton County, Texas. ____________________________________________________________
ORDER Before Chief Justice Valdez and Justices Rodriguez and Longoria Order Per Curiam
Appellant, Blanca Petty, filed an affidavit of indigence in the trial court. A contest to
the affidavit was filed, and the trial court conducted a hearing on the contest to appellant’s
indigence affidavit. At the conclusion of the hearing, the trial court sustained the contest
and denied appellant’s request for indigence status.
Generally, a party may proceed on appeal without advance payment of costs if (1) she files an affidavit of indigence in compliance with rule 20.1 of the Texas Rules of Appellate
Procedure, (2) her claim of indigence is not contested or any contest is not sustained, and
(3) a timely notice of appeal is filed. See TEX. R. APP. P. 20.1(a). The affidavit of indigence
must identify the party filing it and state the amount of costs, if any, the party can pay. TEX.
R. APP. P. 20.1(a)(2). The affidavit must also contain the information mandated by rule
20.1(b), which requires the party claiming indigence to provide detailed financial information.
TEX. R. APP. P. 20.1(b). The trial court clerk, the court reporter, or any party may challenge
the claim of indigence by filing a contest to the affidavit. TEX. R. APP. P. 20.1(e). If a
contest is filed, the party who filed the affidavit must prove the allegations contained in the
affidavit. TEX. R. APP. P. 20.1(g).
Texas Rule of Appellate Procedure 20.1(j) provides that if the trial court sustains a
contest, the party claiming indigence may seek review of the court’s order by filing, within
ten days of the order sustaining the contest, a motion with the appellate court challenging
the order without advance payment. See TEX. R. APP. P. 20.1(j). Here, the trial court
sustained the contests to appellant's indigence on February 4, 2014. Appellant did not file
her motion with this Court seeking review of the indigence issue until February 17, 2014,
more than ten days after the trial court's order.
The Court, having fully examined and considered the appellate record regarding the
indigence matter, is of the opinion that appellant's motion to review the trial court's indigence
determination is untimely. See id. Accordingly, appellant’s motion is DENIED. Appellant
must pay the costs of appeal.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the 11th day of March, 2014.
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