in the Commitment of Daniel Hernandez Guzman

Court of Appeals of Texas

in the Commitment of Daniel Hernandez Guzman

DecidedMarch 19, 2019

Docket01-19-00045-CV

StatusPublished

This text of in the Commitment of Daniel Hernandez Guzman (in the Commitment of Daniel Hernandez Guzman) 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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in the Commitment of Daniel Hernandez Guzman, (Tex. Ct. App. 2019).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Commitment of Daniel Hernandez Guzman

Appellate case number: 01-19-00045-CV

Trial court case number: 18-CV-0224

Trial court: 10th District Court

Appellant filed an affidavit of inability to pay costs in the trial court. The appellate record does not indicate that the trial court overruled the party’s claim of indigence. See TEX. R. APP. 20.1(b)(1). Appellant’s notice of appeal also includes his affidavit of inability to afford costs. We construe appellant’s filing as his communication that he is presumed indigent. See TEX. R. APP. 20.1(b)(2). Appellant may therefore proceed on appeal without payment of costs. See TEX. R. APP. P. 20.1(b)(1).

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 payment of costs. See TEX. R. APP. P. 20.1(b)(1).

The trial court clerk is ORDERED to provide a complete copy of the clerk’s record and the reporter’s record to appellant without charge. See TEX. R. CIV. P. 145.

Judge’s signature: ____/s/ Chief Justice Sherry Radack____  Acting individually  Acting for the Court

Date: __March 19, 2019__

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Commitment of Daniel Hernandez Guzman

Appellate case number: 01-19-00045-CV

Trial court case number: 18-CV-0224

Trial court: 10th District Court

Appellant filed an affidavit of inability to pay costs in the trial court. The appellate record does not indicate that the trial court overruled the party’s claim of indigence. See TEX. R. APP. 20.1(b)(1). Appellant’s notice of appeal also includes his affidavit of inability to afford costs. We construe appellant’s filing as his communication that he is presumed indigent. See TEX. R. APP. 20.1(b)(2). Appellant may therefore proceed on appeal without payment of costs. See TEX. R. APP. P. 20.1(b)(1).

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 payment of costs. See TEX. R. APP. P. 20.1(b)(1).

The trial court clerk is ORDERED to provide a complete copy of the clerk’s record and the reporter’s record to appellant without charge. See TEX. R. CIV. P. 145.

Judge’s signature: ____/s/ Chief Justice Sherry Radack____  Acting individually  Acting for the Court

Date: __March 19, 2019__

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in the Commitment of Daniel Hernandez Guzman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-commitment-of-daniel-hernandez-guzman-texapp-2019.