Walter Lee Hall, Jr. v. Suntrust Mortgage, Inc. Delone Artley and LaDonna Artley

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-10-00248-CV

Walter Lee Hall, Jr., Appellant

v.

Suntrust Mortgage, Inc.; Delone Artley and LaDonna Artley, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. D-1-GN-10-001065, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant Walter Lee Hall Jr. filed his notice of appeal on May 3, 2010, accompanied by an affidavit of indigence. Although Suntrust Mortgage filed a contest to Hall's affidavit, it was untimely and filed in this Court, not the trial court. See Tex. R. App. P. 20.1(e). The reporter's record was filed July 23, 2010. After our inquiry into the status of the clerk's record, the district clerk's office informed us that it would file the record when Hall paid for it, stating that Hall's affidavit was not approved. On September 24, 2010, we sent the clerk a letter stating that if a contest to Hall's affidavit was not timely filed and sustained in compliance with the rules of appellate procedure, the record was due by October 20, 2010, and that if a proper contest had been filed and sustained, the clerk's office should provide proof of that contest by October 20. On November 15, having received no response, we sent the clerk's office another letter stating that the record was due by November 29. To date, we have received no response from the clerk's office. We therefore order the clerk's office either to provide proof that proper and timely contest to Hall's affidavit was filed and sustained or, if no such contest was filed, to prepare and file the record, at no expense to Hall, no later than March 11, 2011.

Before Justices Puryear, Pemberton and Rose

Filed: February 11, 2011