Jeffrey Yates v. Texas Department of Public Safety ( 2014 )

Order filed August 12, 2014. In The Fourteenth Court of Appeals ____________ NO. 14-14-00520-CV ____________ JEFFEREY YATES, Appellant V. TEXAS DEPT. OF PUBLIC SAFEY, Appellee On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2014-24147 ABATEMENT ORDER According to information provided to this court, appellant filed an affidavit of indigence in the trial court. Appellant filed a notice of appeal on June 30, 2014. It is unclear from the limited record before this court whether the trial court has signed a final judgment or other appealable order. Appellant filed a motion to abate the appeal in which he states that he has not been provided notice of a final order, but he filed his notice of appeal to preserve his right to appeal. He asks that the appeal be abated pending a ruling on his affidavit of indigence and/or dismissal of the underlying cause. We GRANT the motion and issue the following order: We ORDER the appeal abated for a period of 30 days, and we further ORDER the trial court clerk to file the portions of the record necessary to determine our jurisdiction over this appeal. The partial clerk=s record shall contain: (1) appellant=s affidavit of indigence; (2) the contest(s) to the affidavit of indigence; (3) the trial court’s order ruling on the contest(s); (4) the judgment or order being appealed; (5) any motion for new trial, other post-judgment motion, or request for findings of fact and conclusions of law; and (6) the notice of appeal. The partial record shall be filed with the clerk of this court on or before September 15, 2014. 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 partial clerk’s record has been filed. The court will also consider an appropriate motion to reinstate the appeal filed by any party. PER CURIAM