Iris Rodriguez v. Angel Rivera ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00332-CV
Iris Rodriguez, Appellant
v.
Angel Rivera, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. D-1-AG-10-002906, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
On May 23, 2014, appellant Iris Rodriguez filed an affidavit of indigence in this
Court.1 On June 2, appellee Angel Rivera and court reporter LaDelle Abilez filed a contest to the
affidavit. We therefore abate the appeal and remand to the trial court to hear evidence, make factual
determinations, and grant the appropriate relief. See Tex. R. App. P. 20.1(h)(4). Notice shall be
given and the hearing shall be held within the deadlines set out in the rules of appellate procedure.
See id. R. 20.1(i)(1) (trial court must set hearing and notify parties and court reporter), (2) (hearing
must be held within ten days of date trial court receives referral of contest), (3) (trial court may
1
Under rule 20.1, an affidavit of indigence is supposed to be filed in the trial court. See Tex.
R. App. P. 20.1(c)(1). However, because appellant is representing herself pro se, we forwarded the
affidavit to the trial court clerk, court reporter, and appellee, setting a deadline for the filing of a
contest. See id. R. 20.1(d)(2), (e)(1).
extend time for hearing for up to twenty days), (4) (contest is deemed overruled unless trial court
signs order sustaining contest within period set for hearing).
It is ordered June 13, 2014.
Before Justices Puryear, Goodwin, and Field
Abated and Remanded
Filed: June 13, 2014
2