in the Estate of Eloisa M. Martinez

Court of Appeals of Texas

in the Estate of Eloisa M. Martinez

DecidedJanuary 3, 2023

Docket04-22-00795-CV

StatusPublished

This text of in the Estate of Eloisa M. Martinez (in the Estate of Eloisa M. Martinez) 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.

Bluebook

in the Estate of Eloisa M. Martinez, (Tex. Ct. App. 2023).

Pincite

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas January 3, 2023

No. 04-22-00795-CV

IN THE ESTATE OF ELOISA M. MARTINEZ, DECEASED

From the Probate Court No 1, Bexar County, Texas Trial Court No. 2020PC3191 Honorable Oscar J. Kazen, Judge Presiding

ORDER The clerk’s record was originally due on December 19, 2022. On December 21, 2022, the trial court clerk filed a notification of late record, stating that the clerk’s record has not been filed because appellant failed to pay the fee for preparing the clerk’s record. The trial court clerk’s notification further indicates that appellant did not file a statement of inability to afford payment court costs. However, appellant did file an affidavit of inability to pay court costs in this court on November 22, 2022. Accordingly, appellant is entitled to appeal without paying for the clerk’s record. See TEX. R. APP. P. 20.1(c).

The trial court clerk further states in her notification of late record that appellant has not filed a designation of the clerk’s record. However, a designation is not required. The contents of the clerk’s record are listed in Rule 34.5(a) of the Texas Rules of Appellate Procedure. See id. 34.5(a).

We ORDER the trial court clerk to file the clerk’s record on or before January 23, 2023.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of January, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

Free access — add to your briefcase to read the full text and ask questions with AI

FILE COPY

Fourth Court of Appeals San Antonio, Texas January 3, 2023

No. 04-22-00795-CV

IN THE ESTATE OF ELOISA M. MARTINEZ, DECEASED

From the Probate Court No 1, Bexar County, Texas Trial Court No. 2020PC3191 Honorable Oscar J. Kazen, Judge Presiding

ORDER The clerk’s record was originally due on December 19, 2022. On December 21, 2022, the trial court clerk filed a notification of late record, stating that the clerk’s record has not been filed because appellant failed to pay the fee for preparing the clerk’s record. The trial court clerk’s notification further indicates that appellant did not file a statement of inability to afford payment court costs. However, appellant did file an affidavit of inability to pay court costs in this court on November 22, 2022. Accordingly, appellant is entitled to appeal without paying for the clerk’s record. See TEX. R. APP. P. 20.1(c).

The trial court clerk further states in her notification of late record that appellant has not filed a designation of the clerk’s record. However, a designation is not required. The contents of the clerk’s record are listed in Rule 34.5(a) of the Texas Rules of Appellate Procedure. See id. 34.5(a).

We ORDER the trial court clerk to file the clerk’s record on or before January 23, 2023.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of January, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

Cite This Page — Counsel Stack

Bluebook (online)

in the Estate of Eloisa M. Martinez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-estate-of-eloisa-m-martinez-texapp-2023.