Newell M. Evans v. Theodore P. Fuller

Order filed February 5, 2015 In The Fourteenth Court of Appeals ____________ NO. 14-14-01019-CV ____________ NEWELL M. EVANS, Appellant V. THEODORE P. FULLER, Appellee On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Cause No. 11-DCV-187877 ORDER On September 11, 2014, appellant filed a notice of appeal of the denial of a motion for reinstatement. According to information provided to this court, it appears the judgment may not be a final, appealable order. The clerk’s record has not been filed in this appeal. On February 2, 2015, appellant filed a motion to proceed as indigent. To determine our jurisdiction over this appeal, and if jurisdiction exists, whether appellant is entitled to proceed without the advance payment of costs, we issue the following order for a partial clerk’s record. We order the Fort Bend County District Clerk to file a partial clerk’s record with the clerk of this court on or before March 5, 2015. In order that this court may ascertain its jurisdiction over the appeal, the partial clerk’s record shall contain (1) the judgment being appealed; (2) any motion for new trial, other post- judgment motion, or request for findings of fact and conclusions of law; and (3) the notice of appeal. In addition, the partial clerk’s record shall contain: (4) appellant’s affidavit of indigence, if any; (5) the contest(s) to the affidavit of indigence, if any; (6) the trial court’s order ruling on any contest; and (7) any other documents pertaining to the claim of indigence and the contests thereto. PER CURIAM