Helen Mayfield v. the Eagle Newspaper, Holly Huffman, Matthew Watkins & John P. Barnwell, CEO of the Evening Post Publishing Co. ( 2012 )


Menu:
  • Abatement Order filed May 10, 2012.
    .
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-12-00034-CV
    ____________
    HELEN MAYFIELD, Appellant
    V.
    THE EAGLE NEWSPAPER, HOLLY HUFFMAN, MATTHEW WATKINS &
    JOHN P. BARNWELL, CEO OF THE EVENING POST PUBLISHING CO.,
    JOINTLY AND SEVERALLY, Appellees
    On Appeal from the 129th District Court
    Harris County, Texas
    Trial Court Cause No. 2011-26254
    ABATEMENT ORDER
    On January 10, 2012, appellant filed a notice of appeal from a summary judgment
    signed on or about December 12, 2011. Appellant seeks to proceed without the advance
    payment of costs in her appeal. See Tex. R. App. P. 20.1. On April 21, 2012, appellant
    filed a notice of appeal from the order sustaining the contest to her affidavit of indigence
    signed on or about April 16, 2012, and an appeal is pending under our case number
    14-12-00392-CV.
    An appellant is entitled to challenge the denial of indigent status for her appeal, and
    the court of appeals may order the record necessary for a review of the trial court’s ruling
    without the advance payment of costs. See In re Arroyo, 
    988 S.W.2d 737
    , 738-39 (Tex.
    1998). Accordingly, this court has ordered preparation of a partial record necessary to
    review the trial court’s order sustaining the contest(s) to appellant’s affidavit.
    We order this appeal ABATED pending the completion of our review in the related
    appeal filed under our number 14-12-00308-CV. The appeal is abated, treated as a closed
    case, and removed from this court's active docket. The appeal will be reinstated on this
    court's active docket when the review of the trial court's ruling on indigency has been
    completed. The court will also consider an appropriate motion to reinstate the appeal filed
    by any party.
    PER CURIAM
    2
    

Document Info

Docket Number: 14-12-00034-CV

Filed Date: 5/10/2012

Precedential Status: Precedential

Modified Date: 9/23/2015