DocketNumber: 14-12-00392-CV
Filed Date: 5/10/2012
Status: Precedential
Modified Date: 9/23/2015
Order filed May 10, 2012. In The Fourteenth Court of Appeals ____________ NO. 14-12-00392-CV ____________ HELEN MAYFIELD, Appellant V. JOHN CUOCO, STEVE FULLJART, KBTX NEWS, A CORPORATION AND GRAY COMMUNICATIONS, A CORPORATION, JOINTLY AND SEVERALLY, Appellees On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2011-26159 ORDER 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. Appellant previously filed a notice of appeal from the trial court’s judgment signed December 28, 2011, and an appeal is pending under our case number 14-12-00037-CV. Appellant seeks to proceed without the advance payment of costs in her appeal. See Tex. R. App. P. 20.1. 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, we issue the following order: We order the Harris County District Clerk to file a partial clerk’s record with the clerk of this court on or before June 8, 2012. See Tex. R. App. P. 34.5(c)(1). The partial clerk’s record shall contain (1) the judgment being appealed; (2) any motion for new trial, other post-judgment motion, or request for findings of fact and conclusions of law; and (3) the notice of appeal; (4) appellant’s affidavit of indigency; (5) the contest(s) to the affidavit of indigence, if any; (6) the trial court’s order ruling on any contest; (7) any other documents pertaining to the claim of indigence and the contest(s) thereto. We further order Michelle Tucker, the official court reporter for the 80th District Court to file a partial reporter’s record from the hearing on the contest(s) to appellant’s affidavit of indigence on or before June 8, 2012. See Tex. R. App. P. 34.6. If no record was reported, the court reporter shall advise this court within the time period for filing the partial record. PER CURIAM 2