CASE NO. 14-15-00279- CV LOREN ROSE JEREMY § IN THE FOUR TEENTH § Appellant, § § v. § C OURT OF APPEALS § NICHOLAS DUSAN JEREMY § § Appellee . § HOUSTON , TEXAS APPELLANT ’S MOTION TO CHALLENGE ORDER SUSTAINING CONTEST

T O THE HON ORABLE JU STICES OF THE FOUR TEENTH COURT OF APPEALS : Appellant, Loren Rose Jeremy , asks the Court to review the trial court’s order sustaining
the contest to his indigence. INTRODUCTION
1. This is a n appeal of a final decree of divorce wherein Loren Rose Jeremy is Appellant, and Nicholas Dusan Jeremy is A ppellee

. 2. The Court signed the final decree of di vorce on December 18 , 201 4 , in favor of Appellee and against Appellant awarding primary custody of the parties ’ mi nor children to Appellee

. 3. Appellant timely filed a motion for new trial, which was overruled by operation of law on March 3, 2015. Appellant was notified on April 1, 2015 by the clerk of this court that s he would be responsible for paying the cost s to prepare the appellate r ecord. On M arch 28 , 201 5 , Appellant timely filed h er affidavit of indigence. T EX
. R. A PP
. P. 20.1 (c)(1).
4. On April 6, 2015 , the court reporter, Ronald F. Vella, filed a contest to Appellant’s affidavit of indigency. The hearing on the contest was extended by written order to April 29, 2015

. ACCEPTED 14-15-00279-cv FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 5/6/2015 10:02:34 AM CHRISTOPHER PRINE

CLERK5. On April 29 , 201 5 , the court held an evidentiary hearing on the contest and sustained the contest by written order

. ARGUMENT & AUTHORITIES 6. A party is entitled to a free appellate record if s he establishes indigency under Texas Rule of Appellate Procedure 20.1 and the court finds that the appeal is not frivolous and that appellate record is necessary to decide the issues presented. T EX
. C IV
. P RAC
. & R EM
. C ODE A NN
. § 13.003(a)(2).
7. If a trial court sustains a contest to an affidavit of indigence, the party claiming indigence can seek review of the trial court’s ord er by filing a motion challenging the order without advance payment of costs. T EX
. R. A PP
. P . 20.1(j)(1).
8. The standard of review by an appellate court on such a motion challenging an order sustaining a contest is whether the trial court abused its dis cretion in find ing that the record as a whole showed the indigent was not able to pay costs of the appeal even though a good

- faith effort was made. White v. Bayless, 40 S.W.3d 574, 576 (Tex. App.

— San Antonio 2001, pet. denied); see Baughman v. Baughman, 65 S.W.3d 309, 316 n.5 (Tex. App.

— Waco 2001, pet. d enied).
9. Appellant seeks to appeal on the following issues: (a) whether the trial court abused
its discretion in finding that Appell ee should be the custodial parent of the parties ’ minor children ; and (b) whether the trial cou rt abused its discretion in find ing that Appell ee be required to change her treating psychiatrist

. 10. This appeal is not frivolous because Appellant , through h er attorney of record, appeared at the final hearing and preserved error on each of the aforementioned issues. If Appellan t is successful on either of h er issues on appeal, this case will be required to be retried, at least in part.

211. Thus, this court should grant this motion and overrule the trial court’s determination sustaining the contest due to Appellant’s alleged failure to meet the standard for indigency

. APPELLATE RECORD NECESSARY
12. The re are no documents from the clerk’s record not required by Rule 34.5 but necessary for this appeal

. 13. Appellant will request a reporter’s record for this appeal. The complete reporter’s record is necessary because Appellant will challenge the factual and legal sufficiency of the evidence, the trial court’s rulings on the admissibility of evidence ; and the trial court’s rulings on Appellant ’s p ost trial motions

. CONCLUSION
14. Appellant is entitled to a free appellate record because s he can establish indigency under Texas Rule of Appellate Procedure 20.1, h er appeal is not frivolous, and the appellate record is necessary to decide the issues presented. First, Appellan t, based on the record made by the trial
court , has prove n s he is unable to pay the c osts of the appeal because of h er indigence. Second, this appeal is not frivolous because Appellant is raising issues on appeal which, if sustained, would require at least a partial retrial

. Finally, the complete reporter’s record is necessary because Ap pellant will challenge the factual and legal sufficiency of the evidence, the trial court’s rulings on the admissibility of evidence; and the trial court’s rulings on Appellant ’s p ost trial motions. Thus, the trial court’s order sustaining the contest to h is indigence is error as it was based solely on the erroneous ruling that Appellant has failed to meet the stadard for indigence.

3PRAYER
15. For these reasons, Appellant asks the Court to grant h er motion challenging the trial court’s order sustaining con test and order the clerk of trial court and the official trial c ourt reporter to prepare a free appellate record. Respectfully submitted, By: ___________________________________ MARK ARONOWITZ Attorney for Appellant State Bar No. 00793281 P.O. Box 1201 Texas City, TX 77592

- 1201 Tel: (713) 894

- 3857 Fax: (409) 765

- 2905 CERTIFICATE OF SERVICE I certify that a true copy of the above was served on each attorney or party in accordance with the Texas Rule s of Civil Procedure on May 6 , 201 3

.

_______________________________________ MARK ARONOWITZ

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