Theresa Barnett v. David S. Crockett

Opinion

Order entered July 22, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00859-CV

THERESA BARNETT, Appellant

V.

DAVID S. CROCKETT, ET AL., Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. 10-00136

ORDER We GRANT appellant’s July 17, 2014 first motion for extension of time to file her

affidavit of indigency. The affidavit filed in this Court on July 17, 2014 is deemed timely filed.

Pursuant to Texas Rule of Appellate Procedure 20.1(h)(4), we refer the affidavit to the trial court.

See TEX. R. APP. P. 20.1(h)(4). Under appellate rule 20.1(e), the clerk, reporter, or any party may

challenge the indigency claim by filing a contest with the trial court clerk. See id. 20.1(e). We

ORDER any contests be filed no later than August 4, 2014 and the hearing on any contests be

held no later than August 14, 2014. See id. 20.1(e),(i). We further ORDER Dallas County

District Clerk Gary Fitzsimmons to file, no later than August 20, 2014, either (1) a supplemental

clerk’s record containing a copy of any contests and any order on the contests or (2) written

verification that no contests were filed. We DENY appellant’s July 13, 2014 amended motion to apply rule 2 of the rules of appellate procedure to “suspend application of any rule within the

Texas Rules of Appellate Procedure, including rule 9 and the short time-table to comply that

would otherwise prevent this Court from ruling thoughtfully and quickly in favor of Appellant.”

We DIRECT the Clerk of the Court to send copies of this order to (1) the Honorable

Tonya Parker, Presiding Judge of the 116th Judicial District Court; (2) Renee Carroll, Official

Court Reporter of the 116th Judicial District Court; (3) Mr. Fitzsimmons; and, (4) the parties.

/s/ ELIZABETH LANG-MIERS JUSTICE