COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Larry Stanley and Terri Stanley v. John McClanahan

Appellate case number: 01-13-00982-CV

Trial court case number: D-13-5,197

Trial court: County Court of Colorado County, Texas

On November 1, 2013, appellants, Larry Stanley and Terri Stanley, filed an affidavit of 

indigence in the trial court in the above-referenced matter. See TEX. R. APP. P. 20.1(a)(2). On 

December 19, 2013, the district clerk notified the Court that no contest to the affidavit of 

indigence was filed. Accordingly, on December 27, 2013, we issued an order declaring 

appellants indigent and entitled to proceed without advance payment of costs. See TEX. R. APP.

P. 20.1(f), (n).

On January 2, 2014, court reporter Wendy L. Kirby, filed a “Contest to the Affidavit of 

Larry and/or Terri Stanley and Contest to the Preparation of the Reporter’s Record at no Cost to 

Larry and/or Terri Stanley” with this Court. Ms. Kirby’s contest is DENIED as untimely.

Texas Rule of Appellate Procedure 20.1(e) provides that if an affidavit of indigence is 

filed “[t]he clerk, the court reporter, the court recorder, or any party may challenge an 

affidavit . . . by filing—in the court in which the affidavit was filed—a contest to the affidavit.” 

TEX. R. APP. P. 20.1(e). Further, the Rule states that the contest must be filed “within 10 days 

after the date when the affidavit was filed if the affidavit was filed in the trial court.” Id. 

Appellants’ affidavit of indigence was filed in the trial court on November 1, 2013. Ms. Kirby 

did not file her contest until January 2, 2014. Thus, the contest was untimely. See id.; see also 

Morris v. Aguilar, 369 S.W.3d 168 (Tex. 2012) (determining that challenge to litigant’s claim of 

indigence cannot be asserted after 10–day deadline set forth in Texas Rule of Appellate 

Procedure 20.1). Lack of notice of the filing of an affidavit of indigence cannot be used to 

excuse an untimely challenge. See Morris, 369 S.W.3d at 171.

The Texas Rules of Appellate Procedure state that “[u]nless a contest is timely 

filed . . . the affidavit’s allegations will be deemed true, and the party will be allowed to proceed 

without advance payment of costs.” TEX. R. APP. P. 20.1(f); see also Morris, 369 S.W.3d at 170 

n.2 (“[W]e likewise hold that an appellant is entitled to proceed without advance payment of 
costs if there is no timely challenge to [the] affidavit of indigence.”). Thus, as stated in our 

December 27, 2013 order, appellants are entitled to proceed with their appeal without advance 

payment of costs.

Accordingly, it is ORDERED that the Court Reporter(s) file with this Court, within 10 

days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP.

P. 20.1(k), 35.1, 35.3(c).

Appellant’s brief is ORDERED filed with this Court within 30 days of the date the 

reporter’s record is filed.

1

 See TEX. R. APP. P. 38.6(a). Appellee’s brief, if any, must be filed 

within 30 days after the date appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Laura C. Higley

 Acting individually  Acting for the Court

Date: January 14, 2014

 

1 The clerk’s record was filed on November 14, 2013.