Jana Shepherd v. Helen Painter & Co., Catherine Taylor, Amy Deforest, Younger Ranch, LLC, Scott Real Estate, Inc., and Shila Manley
This text of Jana Shepherd v. Helen Painter & Co., Catherine Taylor, Amy Deforest, Younger Ranch, LLC, Scott Real Estate, Inc., and Shila Manley (Jana Shepherd v. Helen Painter & Co., Catherine Taylor, Amy Deforest, Younger Ranch, LLC, Scott Real Estate, Inc., and Shila Manley) 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
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-22-00314-CV
JANA SHEPHERD, APPELLANT
V.
HELEN PAINTER & CO., CATHERINE TAYLOR, AMY DEFOREST, YOUNGER RANCH, LLC, SCOTT REAL ESTATE, INC., AND SHILA MANLEY, APPELLEES
On Appeal from the 348th District Court Tarrant County, Texas Trial Court No. 348-295290-17, Honorable Megan Fahey, Presiding
November 15, 2022 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Jana Shepherd, proceeding pro se, filed an affidavit of inability to pay
costs in the trial court on January 4, 2022. See TEX. R. CIV. P. 145. On October 31, 2022,
the court reporters having worked on this matter filed in the trial court their “Court
Reporters’ Motion to Require Payment of Costs” contesting Shepherd’s claims of
indigence. See TEX. R. CIV. P. 145(e). In connection with the ongoing contest, the court
reporters have filed a request for extension of time in which to file the reporter’s record in
this Court. From the court reporters’ filings, we learn that the trial court is prepared to hear the
contest to Shepherd’s indigence, as required by Rule 145. To allay any question
regarding the trial court’s jurisdiction to address the controversy, we abate the appeal and
remand the cause to the trial court to conduct the hearing on the court reporters’ contest.
See TEX. R. CIV. P. 145(f)(1). Upon remand, the trial court shall schedule an oral
evidentiary hearing to determine whether Shepherd is indigent. Its decision and findings
supporting that decision shall be included in a supplemental clerk’s record, along with the
reporter’s record transcribing the hearing, and filed with the Clerk of this Court on or
before December 19, 2022. Upon filing of the records, the cause will be reinstated.
Finally, the deadline by which the court reporters must file any reporter’s records other
than that pertaining to the determination of Shepherd’s status as an indigent are stayed
until further order of this court.
IT IS SO ORDERED.
Per Curiam
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