Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Wells v. Breton Mill Apartments

Because the tender of neither an affidavit of indigence nor filing fee is a prerequisite to the perfection of an appeal, it follows that the deadlines for tendering either are matters that can be altered under Texas Rule of Appellate Procedure 2.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ON MOTION FOR REHEARING

By an unpublished opinion dated August 28, 2001, this Court dismissed appellant Desa Wells’ appeal for failure to pay the required filing fee. Within 15 days of that date, Wells filed a motion requesting that the cause be reinstated and that she be permitted to proceed as an indigent. We treat the motion as one for rehearing.

Through the motion, Wells informs us that she was innocently misled by a lower court clerk into believing that the affidavit of indigency filed with the trial court to obtain leave to appear at trial as an indigent would also serve to establish her indigency for appellate purposes. Furthermore, upon determining that the advice given her was wrong, see Holt v. F.F. Enterprises, 990 S.W.2d 756, 757-58 (Tex. App. -Amarillo 1998, pet. denied) (requiring a new or current affidavit of indigence along with the notice of appeal), she tendered a belated affidavit in July of 2001. A copy of the July 2001 affidavit appears of record, and it comports with the requirements of Rule 20.1(b) of the Texas Rules of Appellate Procedure.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Chief Public Defender

The County of Dallas, founded in 1846, is the second most populous county in Texas with a vibrant and diverse population of nearly three mil...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES

PUBLIC NOTICE FOR NEWSPAPER ADVERTISING APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES The United States Trustee ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements