Gloria Ochoa v. Nail Flower Beauty Salon

• Court: Court of Appeals of Texas
• Decided: July 31, 2014
• Docket: 04-14-00509-CV
• Status: Published

Opinion

Nail Flower Beauty s

Fourth Court of Appeals San Antonio, Texas July 31, 2014

No. 04-14-00509-CV

Gloria E. OCHOA, Appellant

v.

NAIL FLOWER BEAUTY SALON, Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-12691 Honorable Antonia Arteaga, Judge Presiding

ORDER On July 22, 2014, appellant timely filed a notice of appeal from the trial court’s June 19, 2014 judgment. On July 29, 2014, appellant filed an affidavit of indigency in this court. It appears appellant did not file her affidavit in the trial court.

A party who cannot pay the costs of an appeal must file an affidavit of indigence “in the trial court with or before the notice of appeal.” TEX. R. APP. P. 20.1(c)(1). Appellant’s affidavit was therefore due in the trial court on July 22, 2014, the date her notice of appeal was filed, or a motion for extension of time to file the affidavit was due in this court fifteen days later, on August 6, 2014. See TEX. R. APP. P. 20.1(c)(1), (3).

We construe the affidavit filed in this court as a motion for extension of time to file the affidavit in the trial court. Accordingly, we GRANT the motion to extend time to file an affidavit of indigency to pay costs.

We ORDER the clerk of this court to send copies of the affidavit and this order to the district clerk, the court reporter, and all parties. See TEX. R. APP. P. 20.1(d)(2).

We further ORDER the deadline for filing a contest to the affidavit of indigence is August 11, 2014. Any contest must be filed in this court. See TEX. R. APP. P. 20.1(e)(1).

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court