Otito Egbunike v. Citimortgage, Inc.

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Otito Egbunike v. Citimortgage, Inc.

Appellate case number: 01-11-00777-CV

Trial court case number: 11CCV045229

Trial court: County Court at Law No. 1 of Fort Bend County

On September 30, 2011, appellant, Otito Egbunike, filed an affidavit of indigence in this Court in the above-referenced matter. See TEX. R. APP. P. 20.1(a)(2). This Court referred the affidavit to the trial court. See TEX. R. APP. P. 20.1(c). On May 7, 2012, the county clerk notified this Court that no contest to the affidavit of indigence was filed. See TEX. R. APP. P. 20.1(e). 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 within 30 days of the date of this 1 order. See TEX. R. APP. P. 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).

Judge’s signature:/s/ Justice Jim Sharp, Jr.  Acting individually  Acting for the Court

Date: July 18, 2012

1 The clerk’s record was filed on October 26, 2011, and the court reporter informed this Court that there is no reporter’s record on October 4, 2011.