Philip Franklin Young III v. Community Church of P.K. Lake

• Court: Court of Appeals of Texas
• Decided: December 9, 2010
• Docket: 11-10-00325-CV
• Status: Published

Opinion

Order filed December 9, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00325-CV

                          PHILIP FRANKLIN YOUNG III, Appellant

                                                             V.

                   COMMUNITY CHURCH OF P.K. LAKE, Appellee

                                   On Appeal from the 29th District Court

                                                         Palo Pinto County, Texas

                                                    Trial Court Cause No. C43746

                                                                     O R D E R

            Inmate Philip Franklin Young III has filed an appeal from the trial court’s dismissal of his suit under Tex. Civ. Prac. & Rem. Code Ann. §§ 14.003-.004 (Vernon 2002).  Upon being notified that the filing fee and the clerk’s record were due, appellant filed in this court an application to proceed in forma pauperis and attached a certified copy of his inmate trust account statement.  These documents indicate that appellant is indigent for appellate purposes and has met his burden pursuant to Tex. R. App. P. 20.1(g).  However, the district clerk has filed a contest in this court.  We abate the appeal and, pursuant to Tex. R. App. P. 20.1(h)(4), refer the district clerk’s contest to the trial court.

            The trial court is directed to comply with Tex. R. App. P. 20.1 in conducting a hearing and determining whether appellant is indigent.  Unless a written order sustaining the contest is timely entered, appellant will be allowed to proceed without advance payment of costs.  Rule 20.1(i)(4).  The trial court clerk is directed to forward to this court on or before January 3, 2011, a supplemental clerk’s record containing any orders and findings entered by the trial court with respect to the contest.  This appeal will be reinstated upon receipt of the supplemental clerk’s record.

                                                                                                PER CURIAM

December 9, 2010

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.