Kenneth L. Hill v. Bruce Smith MD and Michelle Lastrape

Court of Appeals of Texas

Kenneth L. Hill v. Bruce Smith MD and Michelle Lastrape

DecidedOctober 20, 2011

Docket14-11-00773-CV

StatusPublished

This text of Kenneth L. Hill v. Bruce Smith MD and Michelle Lastrape (Kenneth L. Hill v. Bruce Smith MD and Michelle Lastrape) 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

Kenneth L. Hill v. Bruce Smith MD and Michelle Lastrape, (Tex. Ct. App. 2011).

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Opinion

Order filed October 20, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00773-CV ____________

KENNETH L. HILL, Appellant

V.

BRUCE W. SMITH, ET. AL., Appellees

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 44666

ORDER According to information provided to this court, appellant is attempting to appeal a judgment signed August 15, 2011. Our records do not show a judgment signed by the trial court on that date.

The clerk’s record has not been filed in this appeal. In response to notices from this court, appellant informed this court that he filed an affidavit of indigence. We have not been advised whether a contest to the affidavit was filed, and if so, the ruling on the contest.

To determine our jurisdiction over this appeal, and if jurisdiction exists, whether appellant is entitled to proceed without the advance payment of costs, we issue the following order for a partial clerk’s record.

We order the Brazoria County District Clerk to file a partial clerk’s record with the clerk of this court on or before November 21, 2011. In order that this court may ascertain its jurisdiction over the appeal, the partial clerk’s record shall contain (1) the judgment being appealed; (2) any motion for new trial, other post-judgment motion, or request for findings of fact and conclusions of law; and (3) the notice of appeal. In addition, the partial clerk’s record shall contain: (4) appellant’s affidavit of indigence; (5) the contest(s) to the affidavit of indigence, if any; (6) the trial court’s order ruling on any contest; (7) any other documents pertaining to the claim of indigence and the contests thereto.

PER CURIAM

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Order filed October 20, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00773-CV ____________

KENNETH L. HILL, Appellant

V.

BRUCE W. SMITH, ET. AL., Appellees

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 44666

ORDER According to information provided to this court, appellant is attempting to appeal a judgment signed August 15, 2011. Our records do not show a judgment signed by the trial court on that date.

The clerk’s record has not been filed in this appeal. In response to notices from this court, appellant informed this court that he filed an affidavit of indigence. We have not been advised whether a contest to the affidavit was filed, and if so, the ruling on the contest.

To determine our jurisdiction over this appeal, and if jurisdiction exists, whether appellant is entitled to proceed without the advance payment of costs, we issue the following order for a partial clerk’s record.

We order the Brazoria County District Clerk to file a partial clerk’s record with the clerk of this court on or before November 21, 2011. In order that this court may ascertain its jurisdiction over the appeal, the partial clerk’s record shall contain (1) the judgment being appealed; (2) any motion for new trial, other post-judgment motion, or request for findings of fact and conclusions of law; and (3) the notice of appeal. In addition, the partial clerk’s record shall contain: (4) appellant’s affidavit of indigence; (5) the contest(s) to the affidavit of indigence, if any; (6) the trial court’s order ruling on any contest; (7) any other documents pertaining to the claim of indigence and the contests thereto.

PER CURIAM

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Kenneth L. Hill v. Bruce Smith MD and Michelle Lastrape, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-l-hill-v-bruce-smith-md-and-michelle-lastr-texapp-2011.