Chase Carmen Hunter v. Texas Department of Insurance, Eleanor Kitzman in Her (Former) Capacity, and Julia Rathgeber in Her Official Capacity
This text of Chase Carmen Hunter v. Texas Department of Insurance, Eleanor Kitzman in Her (Former) Capacity, and Julia Rathgeber in Her Official Capacity (Chase Carmen Hunter v. Texas Department of Insurance, Eleanor Kitzman in Her (Former) Capacity, and Julia Rathgeber in Her Official Capacity) 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
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00737-CV
Chase Carmen Hunter, Appellant
v.
Texas Department of Insurance, Eleanor Kitzman in her (former) capacity, and Julia Rathgeber in her official capacity, Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. D-1-GN-13-001957, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING
O R D E R AND M E M O R A N D U M O P I N I O N
PER CURIAM
The trial court dismissed Hunter’s case for want of prosecution. After filing a motion
to reinstate in the trial court, Hunter timely filed a notice of appeal and also filed an affidavit of
indigence for costs of appeal in this Court. The appellees timely filed a contest to Hunter’s affidavit
of indigence. See Tex. R. App. P. 20.1(e)(1).
We therefore abate the appeal. Within ten days of the date of this order, the trial court
shall hold a hearing to consider evidence and grant appropriate relief, or it shall sign an order
extending the time for a hearing. See Tex. R. App. P. 20.1(g)(1), (i)(2)(B). In no event shall the
contest be heard later than twenty days from the date the trial court signs an order extending the
time to conduct the hearing, and if the court determines that the contest should be sustained, it must
sign a written order to that effect within the time period set for the hearing. See Tex. R. App. P. 20.1(i)(3), (4). The appeal will be reinstated no later than March 2, 2015. See Tex. R. App. P.
20.1(i)(4). If an order is signed sustaining the contest, the trial court will provide this Court with a
supplemental record containing the order within five days after signing the order, or if a motion is
filed challenging the order sustaining the contest, within three days after the motion is filed,
whichever is earlier. See Tex. R. App. P. 20.1(j)(1), (3).
It is ordered on January 21, 2015.
Before Justices Puryear, Pemberton, and Field
Abated and Remanded
Filed: January 21, 2015
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