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in the Interest of K.V.K, a Child

Citation: Not availableDocket: 05-15-00547-CV

Court: Court of Appeals of Texas; May 20, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Ryan Von Hofgaarden, the Appellee, contests the Affidavit of Indigency submitted by Appellant Hanna V. Kubyshkina on May 6, 2015. He requests the Court to evaluate Kubyshkina’s ability to pay court costs, citing that her affidavit lacked an attorney’s IOLTA certificate, which is required by Texas law. This contest is filed in compliance with Rule 145 of the Texas Rules of Civil Procedure and Texas Appellate Rule 20.1(e)(1) and (2), within the prescribed ten-day period. The document includes a certificate of service, confirming that copies of the contest were electronically sent to relevant parties, including other attorneys and court officials, ensuring compliance with Rule 21a of the Texas Rules of Civil Procedure. Sandra H. White represents Ryan Von Hofgaarden in this matter.

Legal Issues Addressed

Affidavit of Indigency Requirements under Texas Law

Application: The case discusses the necessity for an affidavit of indigency to include an attorney's IOLTA certificate, as mandated by Texas law.

Reasoning: He requests the Court to evaluate Kubyshkina’s ability to pay court costs, citing that her affidavit lacked an attorney’s IOLTA certificate, which is required by Texas law.

Compliance with Rule 145 of the Texas Rules of Civil Procedure

Application: The contest regarding the affidavit of indigency was filed in accordance with Rule 145, demonstrating procedural adherence within the stipulated time frame.

Reasoning: This contest is filed in compliance with Rule 145 of the Texas Rules of Civil Procedure and Texas Appellate Rule 20.1(e)(1) and (2), within the prescribed ten-day period.

Service of Documents under Rule 21a of Texas Rules of Civil Procedure

Application: The document's certificate of service ensures all relevant parties are properly notified, aligning with the procedural requirements of Rule 21a.

Reasoning: The document includes a certificate of service, confirming that copies of the contest were electronically sent to relevant parties, including other attorneys and court officials, ensuring compliance with Rule 21a of the Texas Rules of Civil Procedure.