in the Interest of A. L. D. L., a Child

Full text

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

CORRECTED NOTICE TO TRIAL-COURT CLERK REGARDING AFFIDAVIT OF INDIGENCE FILED IN COURT OF APPEALS

Appellate case name: In the Interest of A. L. D. L., a child Appellate case number: 01-15-00826-CV Trial court: County Court at Law No 1 of Galveston County Trial court case number: 14-FD-2183

On November 17, 2015, appellant, P.D., filed in this Court an affidavit of indigence. See TEX. R. APP. P. 20.1(c)(1). Appellant mistakenly filed the affidavit in this Court instead of in the trial court. See TEX. R. APP. P. 20.1(c)(1). On November 18, 2015, the Clerk of this Court sent the affidavit to the trial-court clerk. The trial-court clerk is instructed to note the date the affidavit was received in the trial court, but file the affidavit effective as of the date the affidavit was filed in this Court, November 17, 2015. See TEX. R. APP. P. 25.1(a). A copy of the affidavit also is 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 Cnty. Sheriff’s Office, 193 S.W.3d 898, 899–900 (Tex. 2006) (holding untimely filed affidavit was nonetheless valid unless trial court sustains contest to affidavit); see also 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 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 a 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 the required notice, record, or status report no later than December 18, 2015.

A copy of the affidavit of indigence filed in this Court on November 17, 2015, and sent to the trial-court clerk on November 18, 2015, is attached to this notice.

Clerk’s signature: Christopher A. Prine, Clerk of the Court

Date: December 3, 2015

( FILEO IN 9ST COURT OF APPEALS HOUSTON, TEXAS

NOV 17 201^ CHRISTOHHEBv' AFFIDAVIT OF INDIGENCE CLERK. CAUSE NO. GH£zD£%LLe£^/

B^ IN THE DISTRICT COURT #0-

C-^Vye-^,^ ^r* nf\fl??\ D JUDICIAL DISTRICT

w C-toV/P^,ac>_ COUNTY, TEXAS

THE STATE OF TEXAS:

COUNTY OF j^g^ao The undersigned makes this affidavit in connection with the filing of the above-numbered and entitled cause without the posting of a security deposit and for the purpose of having citation issued in accordance with Texas Rule of Civil Procedure 145 and Texas Rule ofAppellate Procedure 20.1. (The items applicable tothe undersignedandcheckedandthe information calledfor is furnished widerpenalties ofperjury.)

1. Basis for indigence: I am unable to pay a court cost because: [ ] I am presently receiving a governmententitlementbased on indigence as follows (describe nature and amount of government entitlement): . . ..

and I have no ability to pay court costs based on facts set out below. 2. Employment information:

n Iam not now employed; the last time I was employed was fctp»-: \. "2 c\*=r at Tv\o yn7r, i-sw^ P. V VKptW\U ^r>ovr-A VJr\ \W^

[ ] I am employed: I work for.

The nature of the job is_ .. The income I receive from this job is $ per

3. Income from sources other than employment: [ ] I have no income with is derived from sources other than employment, such as interest,

FORM 3

dividends, annuities, etc. [ ] I have income derived from sources other than employment as follows:

Type of income Amount per period 4. Spouse's Income [ ] My spouse has no income. [ ] My spouse has income as follows:

Type of income Amount per period

_Ml&

j^W J^k 5. Property:

f^I own no property and no interest in any property. [ ] I own the following interests in property: RealEstate: kj \jy Motor Vehicles: m\Pt Stock and/or bonds: .LA A*.

Cash mU Other: ^ \K

6. Bank Accounts: Bank Type of Account Amount

-W W

FORM 3

r4k m1* _ki£t 7. Dependents: [ ] I have no dependents. [$'.I have the following dependents:

Name Age Relationship

— 151 —

J£_ AfraVrWr •3 k\_r^< Ao.Cmf -©- cW x^Lr 8.Deb,s:^WC^ u 6cxu< "5 [ ] I have ho debts.

[<}T have the following debts:

Creditor Amount

3tuQ i IXuq Ci^QQp&u^ f (V)nW Dc^^-r- Evu.n ft?>a>nr> A \f^x i^n

9.1 have the following monthly expenses:

Type ofExpense: Amount per month

W^ .- . - —— db.vhu t . Jfcffra.t^ 'TW-stm /fl^c?D

10. Loans:

I have attempted to obtain a loan for these costs from the following financial and/or lending institutions, but have been unableto secure such a loan.

FORM 3

Financial Institution/Lender: Address:

Li JB i4k

M-l* wJa. 11. Attorneys

MII was not represented by an attorney in this court. [ ] I was represented by an attorney in this court, but my attorney did not charge me a legal fee for this representation.

[ ] I was represented by an attorney in this court under a contingent fee arrangement. 12. Costs: [ ] No attorney has agreed to pay or advance my court costs.

[ ] An attorney has agreed to pay or advance my court costs under the following circumstances (explain here): s

I am unable to pay the costs of court. I verify that the statements made in this affidavit are true and correct..

Signed this the Y3jfe day of bk^Zgit^butf 20j\5"

Affiant

Sworn and Subscribed to before me this the \A~rx' day of_jJ^£ccW±: . 20\f?~. . . ; Name Printed: \f- P/UW Notary Public, (aMlMQQ County, Tex. My commission expires: jO'/M" 10H

FORM 3

ATTORNEY FOR THE AFFIANT SHALL CERTIFY THE CONDITIONS UNDER WHICH HE REPRESENTS THE AFFIANT.

Date: . , 20 Signature of Attorney

FORM 3

sue.-

0 b