Liudmila A. Yuryeva v. Delos N. McManus

• Court: Court of Appeals of Texas
• Decided: January 10, 2013
• Docket: 01-12-00988-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Liudmila A. Yuryeva v. Delos N. Mcmanus

Appellate case number: 01-12-00988-CV

Trial court case number: 09DCV173747

Trial court: 328th District Court of Fort Bend County

On September 25, 2012, appellant, Liudmila A. Yuryeva, filed an affidavit of indigence in the trial court in the above-referenced matter. See TEX. R. APP. P. 20.1(a)(2); cf. TEX. R. APP. P. 27.2. On November 9, 2012, the district clerk filed the clerk’s record in this cause, including a copy of appellant’s affidavit of indigence. The record does not reflect that any contest to the affidavit of indigence was filed. Therefore the allegations in the affidavit are deemed true, and appellant is entitled to proceed without advance payment of costs. See TEX. R. APP. P. 20.1(f).

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 advance payment of costs. See TEX. R. APP. P. 20.1(f), (n).

Appellant’s brief is ORDERED filed with this Court no later than January 28, 2013. 1 See TEX. R. APP. P. 4.1(a), 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: _/s/ Harvey Brown  Acting individually  Acting for the Court

Date: January 10, 2013

1 The clerk’s record was filed on November 9, 2012, and the reporter’s record was filed on December 27, 2012.