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Stewart v. City of San Antonio

Court of Appeals of Texas, Fourth District, San Antonio

January 3, 2014

Marilyn STEWART, Appellant
v.
THE CITY OF SAN ANTONIO, Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-09344 Honorable Cathleen M. Stryker, Judge Presiding

ORDER

By order dated November 25, 2013, this appeal was reinstated on the docket of this court after an abatement to the trial court for a hearing to consider appellant's indigence and to determine whether this appeal is frivolous. See Tex. Civ. Prac. & Rem. Code § 13.003. This court's order noted that the trial court had signed an order sustaining the appellee's contest to appellant's affidavit of indigence and finding this appeal to be frivolous. This court ordered that records pertaining to the hearing on the contest be filed in this court and that the appellant file a brief limited to the issues of her indigence and the trial court's finding that the appeal is frivolous no later than twenty days from the date the records were filed.

The reporter's record from the indigence contest was filed in this court on January 2, 2014; therefore, appellant's brief is due to be filed in accordance with our prior order on January 22, 2014. We have reviewed the reporter's record from the trial court's hearing and have determined that the trial court sustained the contest exclusively based on its finding that the appeal is frivolous without addressing appellant's indigence. Accordingly, appellant's brief ...


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