NUMBER 13-14-00699-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
TEXAS HONEYCOMB PARTNERS, LLC,
KATHLEEN MCCARTHY, DAVID MCCARTHY,
DAVID MCCARTHY AS SUCCESSOR-IN-INTEREST
TO SHANNON MCCARTHY, DAVID MCCARTHY
AS SUCCESSOR-IN-INTEREST TO RYAN
MCCARTHY, AND DAVID MCCARTHY AS
SUCCESSOR-IN-INTEREST TO KEVIN MCCARTHY, Appellants,
v.
ALAN JOHNSON AND COMPASS BANK, Appellees.
____________________________________________________________
On appeal from the 389th District Court
of Hidalgo County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
Appellants have filed affidavits of indigency in this cause and seek to proceed
without the payment of costs. See TEX. R. APP. P. 20.1. Court reporter, Corina E.
Lozano, has filed a request with this Court for a hearing on the issue of indigency.
According to Lozano, she did not receive timely notice that appellants had claimed
indigency and the affidavits of indigency do not meet the requirements of the appellate
rules. Accordingly, we ABATE this appeal and REMAND the cause to the trial court with
instructions to hear evidence on the matter of indigency, including whether notice of the
indigency filings was properly and timely given, and whether the indigency affidavits
comply with the appellate rules, and to grant the appropriate relief. See generally id.
The trial court shall, within 40 days from the date of this order, prepare a written order
and written findings of fact and conclusions of law regarding its indigence determination.
We further ORDER the trial court clerk, as soon as practicable but in no event later than
60 days from the date of this order, to file a supplemental clerk’s record, containing (1)
the contest; (2) the trial court’s order; and (3) the trial court’s findings of fact and
conclusions of law. The court reporter is ORDERED to prepare and file the reporter’s
record of the trial court’s hearing as soon as practicable but in no event later than 60 days
from the date of this order.
PER CURIAM
Delivered and filed the
16th day of March, 2015.
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