COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
ROSA SERRANO D/B/A THE LENS § No. 08-15-00044-CV
FACTORY,
§ Appeal from the
Appellant,
§ County Court at Law No. 7
v.
§ of El Paso County, Texas
CITY BANK AND OLD REPUBLIC
NATIONAL TITLE INSURANCE § (TC# 2015-DCV-1079)
COMPANY,
§
Appellees.
§
ORDER
Appellant filed an affidavit of indigence directly with the Court in the above-styled and
numbered appeal, and Appellees responded by filing contests. The Court has determined that it
is necessary to refer the contests on the affidavit of indigence to the trial court for the purpose of
hearing evidence and granting relief. TEX.R.APP.P. 20.1(h)(4).
It is therefore ordered that the trial court conduct a hearing on Appellees’ contests within
ten days after the trial court receives this order as required by Rule 20.1(i)(2)(B), or within
twenty days after the date of an order extending the time for a hearing as permitted by Rule
20.1(i)(3). At the hearing, the burden will be on Appellant to prove the allegations contained
within the affidavit of indigence. See TEX.R.APP.P. 20.1(g)(1). In the event the trial court does
not conduct the hearing and rule upon the contest by the deadlines specified by Rule 20.1, the
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affidavit’s allegations will be deemed true, and Appellant will be allowed to proceed on appeal
without advance payment of costs. TEX.R.APP.P. 20.1(i)(4).
The trial judge shall forward its order on the contests to the District Clerk of El Paso
County, Texas as soon as possible but no later than three days after the order is signed. The
District Clerk shall prepare and forward a supplemental clerk’s record containing the order on
the contests to this Court as soon as possible but no later than five days after the trial court files
the order. Further, the trial court’s reporter shall prepare, certify, and file the record of the
hearing on the contests with this Court as soon as possible but no later than five days after the
hearing on the contests. In the event the trial court sustains the contests and Appellant appeals
that decision, the deadline for filing the reporter’s record as specified in Rule 20.1(j)(3) will be
applicable. Further, Appellant must comply with the requirements of Rule 20.1(j) in order to
challenge any adverse ruling.
The appellate deadlines in this appeal shall be suspended pending resolution of
Appellees’ contests to the affidavit of indigence. The Court will enter an order reestablishing the
appellate deadlines after the indigence issue is resolved.
IT IS SO ORDERED this 17th day of May, 2016.
PER CURIAM
Before McClure, C.J., Rodriguez and Hughes, JJ.
(Hughes, J., not participating)
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