Crystal R. Davis v. Little Nell Apartments

Summary

The Fourteenth Court of Appeals held that Crystal R. Davis’s motion challenging the trial court’s ruling on her affidavit of indigence was granted by operation of law because the reporter’s record was not timely filed. The court ordered the Harris County Clerk and official court reporter to prepare, certify, and file the appellate record without advance payment of costs.

Holdings

1. When an appellate court does not deny a timely motion challenging a trial court's indigence ruling within ten days after filing, the motion is granted by operation of law; the absence of the hearing record prevents the appellate court from reviewing the merits.
2. Davis may proceed on appeal without the advance payment of costs.

Questions Presented

1. Whether Davis's motion challenging the trial court's indigence ruling was granted by operation of law under Texas Rule of Appellate Procedure 20.1(j)(4) when the appellate court did not deny it within ten days and the hearing record was not filed.
2. Whether Davis could proceed on appeal without advance payment of costs and receive preparation of the appellate record without advance payment.

Disposition

other