2008 Chevrolet Corvette, VIN#1G1YY36W585105455 v. The State of Texas

Summary

The Tenth Court of Appeals denied the appellant’s motion to waive or set aside appellate filing fees, explaining that indigent appellants may proceed without advance payment but remain liable for costs if unsuccessful. The court ordered an inmate appellant to file documents required by Chapter 14 of the Texas Civil Practice and Remedies Code within 14 days and warned that failure to comply would result in dismissal and a finding that the appeal was frivolous.

Holdings

1. The court cannot set aside or waive payment of filing fees, although an indigent appellant may proceed without advancing the costs.
2. The requirements of Chapter 14 of the Texas Civil Practice and Remedies Code apply when an indigent inmate files a civil appeal.

Questions Presented

1. Whether the court could waive or set aside appellate filing fees for an indigent appellant.
2. Whether an indigent inmate pursuing a civil appeal must comply with the filing requirements of Chapter 14 of the Texas Civil Practice and Remedies Code.
3. Whether the appellant should be ordered to file the required Chapter 14 documents and warned that failure to do so could result in dismissal.

Disposition

other