Jose Andres De La Fuente v. Lone Star National Bank, a National Banking Association

NUMBER 13-18-00575-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE ANDRES DE LA FUENTE, Appellant,
v.
LONE STAR NATION BANK,
A NATIONAL BANKING ASSOCIATION Appellee.
On appeal from County Court at Law No. 5
of Hidalgo County, Texas.
ORDER
Before Justices Benavides, Longoria, and Hinojosa
Order Per Curiam
Appellant Jose Andres De La Fuente filed a new affidavit of indigency and a motion
for material change in circumstances for this Court to consider in the first instance. He
requests that he be provided with a free reporter’s record pursuant to Rule 20.1. TEX. R.
APP. P. 20.1.
De La Fuente appeals from the trial court’s grant of summary judgment to Appellee
Lone Star National Bank. After hearing a challenge to De La Fuente’s previous affidavit
of indigency, the trial court found that De La Fuente did not meet his burden and denied
him a free court reporter’s record, which we affirmed by Order dated February 5, 2019.
See TEX. R. CIV. P. 145(a)(4). Although De La Fuente claims a material change in his
circumstances based upon his three-month prospective eligibility for food stamps
beginning on March 1, 2019, Rule 20.1 does not provide for further application once an
initial application has been denied. Id. Moreover, De La Fuente appeals from a summary
judgment for which no reporter’s record is required. See Schneider Nat'l Carriers, Inc. v.
Bates, 147 S.W.3d 264, 291 n.141 (Tex. 2004) (quoting McConnell v. Southside Indep.
Sch. Dist., 858 S.W.2d 337, 343 n. 7 (Tex. 1993)).
De La Fuente’s affidavit of indigence, his motion for change in material
circumstance, and his motion for extension of time to file the reporter’s record are denied.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
20th day of February 2019.
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