Barry Emmett v. Utmb ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00118-CV
BARRY EMMETT,
Appellant
v.
UTMB,
Appellee
From the 12th District Court
Walker County, Texas
Trial Court No. 1426900
ORDER
Barry Emmett filed a notice of appeal in this Court on April 6, 2015. Emmett filed
an affidavit of indigence in this Court on May 18, 2015. This Court issued a letter to the
district clerk and the court reporter stating that Emmett had filed an affidavit of indigence
and noting that any contest shall be filed in this Court within 14 days of the date of this
letter. The court reporter filed a contest to the affidavit of indigence.
Texas Rules of Appellate Procedure 20.1 (h) provides that, upon the filing of an
affidavit of indigence in the appellate court, the appellate court may “refer the matter to
the trial court with instructions to hear evidence and grant the appropriate relief.”
TEX.R.APP.P. 20.1 (h) (4).
Accordingly, we abate this appeal and refer the matter to the trial court with
instructions to hear evidence and grant the appropriate relief. Id. The trial court is
ordered to conduct a hearing, or sign an order extending the time to conduct a hearing,
with prior notice to the parties and the reporter, on the contests within 10 days after the
date this referral is received by the trial court. TEX.R.APP.P. 20.1 (i). The time for
extending a hearing on the contest must not be more than 20 days from the date the
extension order is signed. TEX.R.APP.P. 20.1 (i) (3). Unless, within the time period set for
the hearing, the trial court signs an order sustaining the contest, the affidavit’s allegations
will be deemed true and Emmett will be allowed to proceed without advance payment
of costs. TEX.R.APP.P. 20.1 (i) (4).
Supplemental clerk’s and reporter’s records containing the trial court’s written or
oral findings and rulings, if any, must be filed with this Court with 14 days after the
court’s hearing is held.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated, referred to trial court
Order issued and filed July 30, 2015
Barry Emmett v. UTMB Page 2