Dawn Johnson Whatley, Individually and as the of the Estate of Perry Lee Whatley and Intervenor Michael Easton v. Mylus James Walker, Jr. and Harris County Clerk

• Court: Court of Appeals of Texas
• Decided: October 13, 2011
• Docket: 14-11-00487-CV
• Status: Published

Opinion

Appeal Reinstated and Order filed October 13, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00487-CV ____________

DAWN JOHNSON WHATLEY, Individually and as the Executrix of the Estate of Perry Lee Whatley, and MICHAEL EASTON, Appellants

V.

MYLUS JAMES WALKER, JR., Appellee

On Appeal from the Probate Court No. 2 Harris County, Texas Trial Court Cause No. 355,095

ORDER

According to information provided to this court, appellants are appealing from an order approving the Guardian’s Final Accounting signed October 6, 2010. Appellants filed a notice of appeal on November 2, 2010, and the appeal was assigned to this court under our appellate number 14-10-01141-CV. The record has not been filed in that appeal.

On April 4, 2011, appellant Dawn Whatley filed an affidavit of indigency. See Tex. R. App. P. 20.1. The trial court sustained the contests to appellant=s affidavit. On May 12, 2011, appellants filed a notice of appeal from the order sustaining the contests. A new appellate case number has been assigned to this indigency appeal, 14-11-00487-CV. This court ordered the records from the indigence proceedings pursuant to In re Arroyo, 988 S.W.2d 737, 738-39 (Tex. 1998). Those records have now been filed.

Accordingly, we ORDER the appeal in this case number REINSTATED. Appellants’ brief addressing the denial of indigency shall be filed on or before November 2, 2011. Appellee’s responsive brief, if any, shall be filed within 20 days of the date that appellants’ brief is filed. Appellant’s appeal of the order approving the Guardian’s Final Accounting signed October 6, 2010, which is docketed under our appellate number 14-10-01141-CV, remains abated pending the review of indigency in this appeal.

PER CURIAM