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James W. Myart, Jr. v. Deborah Murdock
Citation: Not availableDocket: 04-15-00037-CV
Court: Court of Appeals of Texas; February 16, 2015; Texas; State Appellate Court
Original Court Document: View Document
James W. Myart filed a pro se notice of appeal regarding a judgment from the County Court at Law No. 5 in Bexar County, Texas, dated January 23, 2015. Myart also submitted an affidavit of indigence, which was contested by the appellee, Deborah Murdock. The Fourth Court of Appeals has abated the appeal and referred the indigence contest back to the trial court, ordering it to conduct a hearing or issue an order extending the time for the hearing within ten days. The trial court cannot extend the hearing beyond twenty days from the date of the order and must notify all parties and the court reporter of the hearing schedule. Myart bears the burden of proving his indigence at the hearing. If the trial court does not issue an order on the contest within the specified timeframe, Myart's claim of indigence will be accepted as true. The trial court is required to provide findings of fact and conclusions of law regarding its decision on the indigence claim. The appellate court ordered the trial court clerk to file a record containing all relevant filings relating to the contest, the notice of the hearing, the order on the contest, the judgment being appealed, and other pertinent documents within three days of the trial court's order. If the contest is sustained, Myart can challenge this order by filing a motion within ten days, and the court reporter must prepare a record of the hearing within three days after such a motion is filed. All other deadlines in the appellate process are suspended until further notice from the court.