Daryl Barnes and Demeatrice Goff v. National Housing Development Corporation, Colony LLC

Court of Appeals for the First District of Texas at Houston

Notice to Trial-Court Clerk Regarding Affidavit of Indigence Filed in Court of Appeals

Appellate case name: Daryl Barnes and Dcmeatrice Goff v. National Housing Development Corporation, Colony LLC

Appellate case number: 01-15-00060-CV

Trial court: 129th District Court of Harris County Trial court case number: 2012-34954

On March 23, 2015, appellant, Daryl Barnes and Dcmeatrice Goff filed in this Court an, Affidavit of Indigence. Appellant mistakenly filed the affidavit in this Court instead of in the trial court. See Tex. R. App. P. 20.1(c)(1).

The affidavit is being sent to the trial-court clerk as an attachment to this notice. The trial-court clerk is instructed to note the date the affidavit is received in the trial court, butfile the affidavit effective as of the date the affidavit was filed in this Court, March 23, 2015. See Tex. R. APP. P. 25.1(a). A copy of the affidavit is also on file with this Court.

The trial-court clerk must promptly send a copy of the affidavit to the appropriate court reporter. See Tex. R. App. P. 20.1(d)(1). Any contest to the affidavit, including a claim that the affidavit was not timely filed, is due to be filed in the trial court ten days after the affidavit is received by the trial-court clerk. See TEX. R. APP. P. 20.1(e) (time for contest); see also Higgins v. Randall County Sheriffs Office, 193 S.W.3d 898, 899B900 (Tex. 2006) (holding untimely filed affidavit was nonetheless valid unless contest to affidavit is sustained by trial court); Tex. R. App. P. 20.1(c)(1) (time for filing affidavit in appeal).

If no contest to the affidavit is filed, the trial-court clerk must promptly notify this Court. If a contest is filed, then the trial-court must promptly prepare, certify, and file in this Court a clerk's record containing the final judgment, notice of appeal, affidavit of indigence, contest(s) to the affidavit of indigence, the trial court's signed order extending the time for conducting a hearing on the contest (if any), the trial court's signed order sustaining the contest(s) to the affidavit of indigence, and any other documents directly related to the affidavit of indigence. See Tex. R. App. P. 34.5(c)(1)- If any party requests that hearing related to the contest be transcribed,

then the court reporter must promptly prepare, certify, and file in this Court a reporter's record containing all relevant documents relating to the contest. The trial-court clerk and/or reporter must file therequired notice, record, or status report no later than May 5,2015.

Clerk's signature: CAd^-lA AW r

Clerk of the Court Date: March 24,2015

ACCEPTED 01-15-00060-CV FIRST COURT OF APPEALS HOUSTON. TEXAS 3/23/2015 5:13:40 PM CHRISTOPHER PRINI CLERK

FILED IN 1st COURT OF APPEAL^ Daryl Barnes HOUSTON, TEXAS and 3/23/2015 5!13:40 PM Demeatrice Goff CHRISTOPHER A. PRIh Appellants, Clerk V Keyin Fulton And NationalHousing Development Corporation Appellees

• • From The J2&h Judicial District Court Harris County, Texas . "Case No.2012-34954

Affidavit of Indigence

I, Daryl Barnes and Demeatrice GoffAppellants affirm thefollowing, <

1. We have filed notice of appeal in the case described above.

2. We can not pay the following amount of courtcostsin this appeal,which includes the $175 filing fee, the $10 or $15 filing fee for each motion I may file, the trial clerks fee for the clerks record, and the court reporters fee for the reporters record, if any: 0

3. The nature and amountof Demeatrice Goffs currentemploymentincome is 0 Daryl Barnes is unemployed and receive no government benefits or entitlements

4. The nature and amount ofDemeatrice Goffs current government-entitlement income is [describe in detail]. 698.00 in disability per month

5. The nature and amount ofour current income, other than that described in my answers to 3 and 4 above, is 0

6. The incomeofmy spouseis Daryl Barnesis the spouseof Demeatrice Goff

8. I own the following personal property: none

9. I have the following amount of cash: 0

10. I have the following amountsof funds on deposit that I may withdraw.O

11. I have the following assets, other than those described in my answers to 3 through 10 above:. 0

12. We have 1 dependant our 14 year old daughter we are the parents

13. The nature and amount ofmy debts are [describe in detail]. 0

14. The natureand amount ofmy monthly expenses are. rent ,transportation,etc Rent $200 Transportation.... $125 • Food $140 Phone $100 < School & toiletries ....$50-60 Laundry $45-50 15. My ability to obtain a loan for court costs is.O

16. An attorney is not providing free legal services to me without a contingent fee.

17. An attorney has not agreed to pay or advance court costs.

18. If the trial-court proceedings were recorded electronically I have the skills andaccessto equipment necessary to prepare the appendixrequired by Texas Rule of Appellate Procedure 38.5(d).

Demeatrice Goff /s/Demeatrice Goff Daryl Barnes * '-^h!!;- ^

Certificate of Oath or Affirmation

On this date, I administered the above oath or affirmation from the person named above. Iam at/Wy/a'-t4 <DSfa/? A/ofary f\*&/i£ and am authorized to administer an oath or affirmation pursuant to Texas Government Code section 602.002,602.003,602.004, or 602.005. If I have a seal ofoffice that I am required by law to affix to documents when administering an oath or affirmation, then I have included an original impression ofmy official seal below.

K^fu&ru*. Wld» Wright [Signature of person -2* ^administering oath or Notary F»Mk. Matromua affirmation] c»n:.«v oi/ianoit

3/2 3/Zo,%- [Date]

[original impression of official seal, of person administering oath or affirmation]

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