Kristofer Thomas Kastner v. The Kroger Co., Ann Potter and Melinda Coombs

Summary

The Fourteenth Court of Appeals addresses an appeal in which the appellant sought to proceed without advance payment of costs. Because the trial court did not timely rule on the contest to the appellant’s affidavit of indigence, the court deemed the affidavit’s allegations true and ordered the district clerk and court reporter to file the records.

Holdings

1. When the trial court does not sign an order sustaining a contest to an affidavit of indigence within the period established by Texas Rule of Appellate Procedure 20.1(i), the affidavit's allegations are deemed true and the appellant may proceed without advance payment of costs.

Questions Presented

1. Whether the allegations in the appellant's affidavit of indigence must be deemed true when the trial court fails to timely conduct a hearing or sign an order sustaining the contest.
2. Whether the appellate court should direct the filing of the clerk's and reporter's records after determining that the appellant may proceed without advance payment of costs.

Disposition

other