Order entered October 23, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-10-01613-CV
IN THE INTEREST OF D.T.K., A MINOR CHILD
On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-07-12791
ORDER
We REINSTATE this appeal from the trial court’s final decree of divorce. By order
entered July 19, 2013, we severed from this cause appellee Mother’s cross-appeal so as to make
final our March 26, 2012 memorandum opinion dismissing the cross-appeal for want of
jurisdiction. We also abated this cause in the interest of justice, pending final disposition of
Mother’s petition for review challenging our dismissal. By opinion dated August 23, 2013, the
supreme court reversed our judgment and remanded the cause “along with [Mother’s] request for
review of the trial court’s order sustaining the contest to her affidavit of indigence.” 1 See
Brighton v. Koss, No. 12-0501, 2013 WL 4493580, at *3 (Tex. Aug. 23, 2013). Because our
jurisdiction over Mother’s cross-appeal has been established, we CONSOLIDATE Mother’s
1
Because Father filed a motion for rehearing, the court’s mandate did not issue until October 18, 2013.
cross-appeal, appellate cause number 05-13-00952-CV, back with this cause. The parties shall
now use only cause number 05-10-01613-CV when referencing the appeal.
Turning to appellee’s motion for review of the trial court’s order sustaining the contest to
her affidavit of indigence, the record reflects Mother filed her affidavit of indigence on January
13, 2011. The court reporter, Donna Kindle, filed a contest three months later, on April 6, 2011.
Texas Rule of Appellate Procedure 20.1(e) requires a contest be filed within ten days from the
date the affidavit was filed; if the contest is untimely, rule 20.1(f) provides that the affidavit’s
allegations will be deemed true, and the party will be allowed to proceed without advance
payment of costs. See TEX. R. APP. P.20.1(e), (f); see also Morris v. Aguilar, 369 S.W.3d 168,
170 (Tex. 2012). Because the court reporter filed her contest three months after Mother’s
affidavit, it was untimely, and the trial court erred in sustaining the contest. Accordingly, we
REVERSE the trial court’s order sustaining the contest. Mother’s allegations in her affidavit are
deemed true and she is allowed to appeal without advance payment of costs. As a partial
reporter’s record has already been filed at appellant Father’s request, we ORDER Donna Kindle
to file, within thirty (30) days of the date of this order, a supplemental reporter’s record
containing the additional exhibits and portions of the testimony designated by Mother.
We DIRECT the Clerk of the Court to send a copy of this order to Donna Kindle,
Official Court Reporter of the 303rd Judicial District Court, and the Honorable Dennise Garcia,
Presiding Judge of the 303rd Judicial District Court.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE