Narrative Opinion Summary
Grady R. Mitchell appeals a trial court judgment denying him relief in his lawsuit against Popat Patel and others. The appeal was abated and remanded to the 237th District Court of Lubbock County to address Mitchell's affidavit of indigence, which the appellees contested. The trial court is instructed to hold a hearing to determine Mitchell's desire to pursue the appeal, his indigency status, and his entitlement to a free appellate record. The court must transcribe the hearing, issue findings of fact and conclusions of law, and compile a supplemental clerk’s record, including all orders and evidence presented. These records must be filed with the appellate court by April 23, 2012, with any requests for extensions due by the same date.
Legal Issues Addressed
Deadlines for Filing Supplemental Recordssubscribe to see similar legal issues
Application: All supplemental records and any requests for extension must be submitted to the appellate court by a specified deadline.
Reasoning: These records must be filed with the appellate court by April 23, 2012, with any requests for extensions due by the same date.
Indigency Determination for Appellate Recordssubscribe to see similar legal issues
Application: The trial court is required to assess the appellant's indigency status to determine eligibility for a free appellate record.
Reasoning: The trial court is instructed to hold a hearing to determine Mitchell's desire to pursue the appeal, his indigency status, and his entitlement to a free appellate record.
Obligations for Transcribing and Filing Hearing Recordssubscribe to see similar legal issues
Application: The trial court must create a complete record of the hearing, including a transcript, findings of fact, conclusions of law, and any related orders or evidence.
Reasoning: The court must transcribe the hearing, issue findings of fact and conclusions of law, and compile a supplemental clerk’s record, including all orders and evidence presented.
Procedural Requirements for Contesting Indigencysubscribe to see similar legal issues
Application: The appellees contested the affidavit of indigence, necessitating a procedural review by the trial court.
Reasoning: The appeal was abated and remanded to the 237th District Court of Lubbock County to address Mitchell's affidavit of indigence, which the appellees contested.