X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ORDER

This is an appeal from the dismissal of an inmate suit. On December 17, 2001, appellant filed a motion with this court requesting that we review the trial court’s order sustaining the contest to his affidavit of indigence. On February 14, 2002, this court issued an order upholding the trial court’s order sustaining the contest to appellant’s affidavit. Appellant now asks that we reconsider our order of February 14, 2002. We grant appellant’s motion, withdraw our order of February 14, 2002, and hold that the trial court abused its discretion in sustaining the contest. We further withdraw our order of February 14, 2002, requiring appellant to pay the filing fee on appeal.

Appellant timely filed his notice of appeal and an affidavit of indigence on August 13, 2001. On August 21, 2001, the Harris County District Clerk filed contests to appellant’s affidavits of inability to pay costs, citing defects in appellant’s affidavits of indigence under TEX. R. APP. P. 20.1(b) and under TEX. CIV. PRAC. & REM. CODE ANN. � 14.004. On August 27, 2001, the trial court held a hearing on the contest and, on the same date, the court signed an order sustaining the contest. On September 5, 2001, appellant filed a motion for leave to file and an amended affidavit of indigence. The District Clerk filed a contest to the amended affidavit on September 13, 2001, alleging noncompliance with section 14.004 and res judicata (because the trial court had previously sustained a contest to appellant’s affidavit of indigence for trial costs). The trial court sustained the contest to the amended affidavit on October 1, 2001, solely on the ground of noncompliance with section 14.004. Appellant filed a motion to reconsider, which the trial court denied on November 21, 2001.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›

Cicchiello & Cicchiello, LLP - Hartford Law Firm seeking to hire an Associate Attorney. We focus our practice primarily on Personal Inju...


Apply Now ›

The Princeton office of Epstein Becker & Green is seeking an associate to join its Litigation practice. Candidates should have a minim...


Apply Now ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›