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 v. Alan Johnson and Compass Bank

Summary

The Texas Thirteenth Court of Appeals addresses whether appellants may proceed on appeal without advance payment of costs and whether the court reporter must prepare the reporter’s record. The court concludes that the contest to the appellants’ affidavits of indigence was untimely, the affidavits’ allegations were deemed true, and the reporter’s record must be prepared without payment of costs.

Holdings

1. Lack of actual notice to the court reporter of the filing of affidavits of indigence is not good cause for failing to timely file a contest under Texas Rule of Appellate Procedure 20.1.
2. Because the contest was untimely, appellants' affidavit allegations were deemed true and appellants were entitled to proceed on appeal without advance payment of costs.
3. An indigent appellant with a contingent-fee agreement is not required to show that counsel is unable or unwilling to pay appellate costs when the facts establish that counsel will not or cannot pay them.

Questions Presented

1. Whether the court reporter's lack of actual notice of appellants' affidavits of indigence constituted good cause to permit a late contest.
2. Whether appellants were entitled to proceed without advance payment of appellate costs when their affidavits were uncontested because the contest was untimely.
3. Whether appellants' contingent-fee arrangement with counsel established a source of funds requiring them to pay appellate costs.
4. Whether the court reporter's motion for reconsideration concerning preparation and payment of the reporter's record should be granted.

Disposition

other