Youngv.Severino Family LLC

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTONJun 11, 2019
Appellate case number: 01-19-00410-CV (Tex. App. Jun. 11, 2019)

Appellate case number: 01-19-00410-CV

06-11-2019

Alesia Annette Young v. Severino Family LLC


ORDER Trial court case number: 1132750 Trial court: County Civil Court at Law No. 1 of Harris County

Appellant, Alesia Annette Young, filed a pro se notice of appeal on May 21, 2019, in the trial court from the May 28, 2019 final judgment in this forcible detainer action. See TEX. R. APP. P. 26.1, 27.1(a). On June 4, 2019, the county clerk filed an indigent clerk's record containing appellant's Statement of Inability to Afford Payment of Court Costs or an Appeal Bond ("Statement"), filed on May 3, 2019, with an order by the justice court denying the contest and permitting the appeal to the county court.

Rule of Appellate Procedure 20.1 provides that a party who files such a Statement in the trial court "is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence in an order that complies with Texas Rule of Civil Procedure 145." TEX. R. APP. P. 20.1(b)(1). Because appellant's indigence claim was permitted by the justice court and not overruled by the county court, appellant is not required to pay appellate costs. See id.

Accordingly, the Clerk of this Court is directed to mark appellant indigent in this Court's records and allowed to proceed without advance payment of the appellate filing, clerk's, and reporter's record fees. Thus, the Court ORDERS the court reporter to file the reporter's record, if any, within 30 days of this Order, at no cost to appellant.

Finally, because appellant is proceeding pro se, the Court ORDERS the county clerk to mail the clerk's record and reporter's record to the appellant, at no cost to appellant, within 35 days of the date of this order, and shall certify the delivery date within 45 days of the date of this order.

It is so ORDERED. Judge's signature: /s/ Evely V. Keyes


[×] Acting individually [ ] Acting for the Court Date: June 11, 2019