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Morris v. Aguilar

In this custody dispute case, the trial court ruled that the mother and her husband were not indigent. The court of appeals affirmed. The Rules of Appellate Procedure do not allow an untimely challenge. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 10-0831, 06-08-2012.

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In this appeal we determine whether a challenge to a litigant’s claim of indigence can be asserted after the 10-day deadline set forth in Texas Rule of Appellate Procedure 20.1. After a custody dispute in the trial court, a mother and her husband filed an affidavit of indigence to allow them to appeal without advance payment of costs. Twenty-four days after the deadline for contesting the affidavit of indigence, the court reporter filed a contest. After a hearing, the trial court ruled that the mother and her husband were not indigent. The court of appeals affirmed. We hold that the Rules of Appellate Procedure do not allow the untimely challenge and reverse and remand to the court of appeals to consider the merits of the appeal.

The underlying lawsuit affects the custody of two of Petitioner Diana L. Morris’s daughters, ages 15 and 9. The trial court appointed Morris’s parents, respondents Juan and Margarita Aguilar, sole joint managing conservators of the older daughter and granted them visitation rights to the younger daughter. Morris is married to the father of the younger daughter. The court appointed Diana Morris and Phillip Perez possessory conservators of the older daughter, and the Morrises joint managing conservators of the younger daughter.

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