Theaola Robinson v. the Walt Disney Company ABC Television Network, Inc. CC Texas Holding Co., Inc. And KTRK Television, Inc.

Court of Appeals of Texas

Theaola Robinson v. the Walt Disney Company ABC Television Network, Inc. CC Texas Holding Co., Inc. And KTRK Television, Inc.

DecidedMarch 24, 2015

Docket01-14-00880-CV

StatusPublished

This text of Theaola Robinson v. the Walt Disney Company ABC Television Network, Inc. CC Texas Holding Co., Inc. And KTRK Television, Inc. (Theaola Robinson v. the Walt Disney Company ABC Television Network, Inc. CC Texas Holding Co., Inc. And KTRK Television, Inc.) 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.

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Theaola Robinson v. the Walt Disney Company ABC Television Network, Inc. CC Texas Holding Co., Inc. And KTRK Television, Inc., (Tex. Ct. App. 2015).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Theaola 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 case number: 2011-54895

Trial court: 234th District Court of Harris County

On December 4, 2014, appellant, Theaola Robinson, filed an affidavit of indigence in this Court in the above-referenced appeal. See TEX. R. APP. P. 20.1(a)(2). We referred the affidavit to the trial court. See TEX. R. APP. P. 20.1(c)(1), (d), (h)(4). On December 22, 2014, appellant filed an affidavit of indigence in the trial court. On December 23, 2014, the District Clerk of Harris County filed a contest to the affidavit, and a motion for an extension of time for a hearing on the contest. See TEX. R. APP. P. 20.1(e)(1). The trial court, therefore, was required to either conduct a hearing or sign an order extending the time to conduct the hearing by January 2, 2015. See TEX. R. APP. P. 20.1(i)(2), (3). Further, to properly sustain the contest, the trial court was required to sign an order sustaining the contest within the prescribed period for the hearing. See TEX. R. APP. P. 20.1(i)(4). Neither the clerk’s record nor supplemental clerk’s record on indigence filed in this Court reflect that the trial court signed an order extending the period for the hearing or ruled on the contest by January 2, 2015. Accordingly, the allegations in the affidavit are deemed true, and appellant is entitled to proceed without advance payment of costs. See id.

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.

It is further ORDERED that the court reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP. P. 20.1(k), 35.1(b). It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd  Acting individually  Acting for the Court

Date: March 24, 2014

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Theaola 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 case number: 2011-54895

Trial court: 234th District Court of Harris County

On December 4, 2014, appellant, Theaola Robinson, filed an affidavit of indigence in this Court in the above-referenced appeal. See TEX. R. APP. P. 20.1(a)(2). We referred the affidavit to the trial court. See TEX. R. APP. P. 20.1(c)(1), (d), (h)(4). On December 22, 2014, appellant filed an affidavit of indigence in the trial court. On December 23, 2014, the District Clerk of Harris County filed a contest to the affidavit, and a motion for an extension of time for a hearing on the contest. See TEX. R. APP. P. 20.1(e)(1). The trial court, therefore, was required to either conduct a hearing or sign an order extending the time to conduct the hearing by January 2, 2015. See TEX. R. APP. P. 20.1(i)(2), (3). Further, to properly sustain the contest, the trial court was required to sign an order sustaining the contest within the prescribed period for the hearing. See TEX. R. APP. P. 20.1(i)(4). Neither the clerk’s record nor supplemental clerk’s record on indigence filed in this Court reflect that the trial court signed an order extending the period for the hearing or ruled on the contest by January 2, 2015. Accordingly, the allegations in the affidavit are deemed true, and appellant is entitled to proceed without advance payment of costs. See id.

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.

It is further ORDERED that the court reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP. P. 20.1(k), 35.1(b). It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd  Acting individually  Acting for the Court

Date: March 24, 2014

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Theaola Robinson v. the Walt Disney Company ABC Television Network, Inc. CC Texas Holding Co., Inc. And KTRK Television, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/theaola-robinson-v-the-walt-disney-company-abc-tel-texapp-2015.