Barton Wade and Mary Wade v. SABR Mortgage Loan 2008-1 REO Subsidiary-LLC ( 2015 )

SABR s
Fourth Court of Appeals
San Antonio, Texas
November 5, 2015
No. 04-15-00683-CV
Barton WADE,
Appellant
v.
SABR MORTGAGE LOAN 2008-1 REO SUBSIDARY-LLC,
Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2015CV03726
Honorable David J. Rodriguez, Judge Presiding
ORDER
On November 2, 2015, appellant filed a notice of appeal from a judgment that was
signed, according to appellant, on September 17, 2015. The judgment date is based solely on
appellant’s representation; neither the clerk’s record nor a copy of the judgment has been filed in
this court. On November 2, 2015, appellant also filed an affidavit of inability to pay costs in this
court. It appears appellant did not file the affidavit in the trial court.
A party who cannot pay the costs of an appeal must file an affidavit of indigence “in the
trial court with or before the notice of appeal.” TEX. R. APP. P. 20.1(c)(1). Appellant’s affidavit
was therefore due in the trial court on November 2, 2015, the date his notice of appeal was filed.
See id.
We ORDER the clerk of this court to send copies of the affidavit and this order to the
trial court clerk, the court reporter, and all parties. See R. 20.1(d)(2).
We further ORDER that any party who desires to file a contest to appellant’s affidavit of
indigence must do so on or before November 16, 2015. Any contest must be filed in this
court. See R. 20.1(e)(1).
We order the clerk of this court to serve a copy of this order on the district clerk, the
court reporter, appellant, and all counsel.
_________________________________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of November, 2015.
___________________________________
Keith E. Hottle
Clerk of Court