Theaola Robinson v. KTRK Television, Inc.

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: 01-14-00880-CV
• Status: Published

Opinion

Court of Appeals for the First District of Texas at Houston

Notice to Trial-Court Clerk Regarding Affidavit of Indigence Filed in Court of Appeals

Appellate case name: Theola Robinson v. The Walt Disney Company; ABC Television Network, Inc.; CC Texas Holding Co., Inc.; and KTRK Television, Inc.

Appellate case number: 01-14-00880-CV

Trial court: 234th District Court of Harris County

Trial court case number: 2011 -54895

On December 4, 2014, appellant, Theola Robinson filed in this Court an Affidavit of Inability to Pay Costs. Appellant mistakenly filed the affidavit inthis Court instead of in the trial court. See Tex. R. App. P. 20.1(c)(1).

The affidavit is being sent to the trial-court clerk as an attachment to this notice. The trial-court clerk is instructed to note the date the affidavit is received in the trial court, butfile the affidavit effective as of the date the affidavit was filed in this Court, December 04, 2014. See Tex. R. App. P. 25.1(a). A copy of the affidavit is also on file with this Court.

The trial-court clerk must promptly send a copy of the affidavit to the appropriate court reporter. See Tex. R. App. P. 20.1(d)(1). Any contest to the affidavit, including a claim that the affidavit was not timely filed, is due to be filed in the trial court ten days after the affidavit is received by the trial-court clerk. See Tex. R. App. P. 20.1(e) (time for contest); see also Higgins v. Randall County Sheriffs Office, 193 S.W.3d 898, 899B900 (Tex. 2006) (holding untimely filed affidavit was nonetheless valid vunless contest to affidavit is sustained by trial court); Tex. R. App. P. 20.1(c)(1) (time for filing affidavit in appeal).

If no contest to the affidavit is filed, the trial-court clerk must promptly notify this Court. If a contest is filed, then the trial-court must promptly prepare, certify, and file in this Court a clerk's record containing the final judgment, notice of appeal, affidavit of indigence, contest(s) to the affidavit of indigence, the trial court's signed order extending the time for conducting a hearing on the contest (if any), the trial court's signed order sustaining the contests) to the affidavit of indigence, and any other documents directly related to the affidavit of indigence. See Tex. R. App. P. 34.5(c)(1). If any party requests that hearing related to the contest be transcribed, then the court reporter must promptly prepare, certify, and file in this Court a reporter's record containing all relevant documents relating to the contest. The trial-court clerk and/or reporter must file the required notice, record, or status report no later than January 19,2015.

Clerk's signature: /s/ Christopher A. Prine Clerk of the Court

Date: December 29, 2014 ®O'CV Fli£DlN

H0US7°N. TEXAS

ER A Pfl^E NO 2011-54895

IN THE INTEREST OF § IN THE 1ST COURT OF APPEAL § § JUDICIAL DISTRICT § § COUNTY, TEXAS STATE OF TEXAS

COUNTY OF HARRIS

AFFIDAVIT OF INABILITY TO PAY COSTS

BEFORE ME, the undersigned authority, on this day personally appeared

who being by me duly sworn, on oath state:

My income, resources, and expenses are set out in the schedulebelow:

Monthly Income: Source orDescription

a) Public Benefit Retirement 1,994. b) Net Employment c) Other Income SSI 800 d) Spouse Income None (if available)

Numberof Dependents: 2 special need son,one grandson. Properly: a) Cars or Trucks (Year/Make): b) A 2000 Ford van

Affidavit of Inabilityto Pay Costs b) Checking and/or Savings Account: Monthly Bank: Amount! 50.00

c) Cash: $ 20.00

Other Property: (exclude homestead) None

Expenses:

Rent/Mortgage 0 Food: 220. Car Payment: 0 Child Care: 0 Transportation: 50.00 Medical/dental 175.00 Insurance: 60.00 Utilities: 975.00 Clothing/Laundry: 150.00 Other: life insurance 444.00

Other insurance 500.

Debts and child support obligations (exclude house and automobile):

Creditor: Monthly Payment: Total: $ 2.594.00 Presently I have no creditors 1. 2. 3. 4. 5.

I am unable to pay the court costs in this cause. I verify that the statements made in this affidavit are true and correct^Wjien the school close 1lost my joband my son was stricken with heart i^obletpa'antKstroke.' Affiant X^=^L^g

SUBSCRIBED AND SWORN TO BEFORE me, on this day of\JjWQ\4

fi$vq& MARIA TERESA REYES J irSs* 1 N°'a

2 Affidavit of Inability to Pay Costs iuiaiijumuum 5505 JENSEN DRIVE P.O. BOX 21535 HOUSTON . TEXAS 77026 U.SPOSTAGE HOUSTON.TX 77026 0EC 03.'It UNITSOSI/iTkS AMOUNT 7D1B 3D5D DDDD bM73 6777 rcs'AL ssnvKs 1000 770G2 $6.49 0008M3I-I RETURN RECEIPT REQUESTED FIRST COURT OF APPEALS 301 FANNIN STREET ; HOUSTON TEXS 77002-2066 DEC-4 ^ui4 CHRISTOPHEH A. PRINF •ll»|ilHHiiii|)|iflil|Hi|||itilll|lj|iiH|i)|Hi|iii||hijii