CHRISTINE E. REULE, Appellant
SHERWOOD VALLEY 1 COUNSEL OF HOMEOWNERS, INC., GEORGE HENRY RAMSEY, III, TERRY A. FRAZEE, AND DANIEL GOLDBERG, Appellees
Appeal from the 80th District Court Harris County, Texas
Trial Court Case No. 2016-37895
consists of Justices Keyes, Brown, and Lloyd
V. KEYES, JUDGE
Christine E. Reule, timely filed a pro se notice of appeal on
July 25, 2017, from the trial court's final judgment,
signed on April 27, 2017, in this quiet title case, after
filing a motion for new trial. See Tex. R. App. P.
26.1(a)(1). With her notice of appeal, Reule also filed a
Declaration of Indigence on July 25, 2017, in the trial
court. Then Reule filed a premature "Notice of Appeal of
the Trial Court's Reversal of Her Indigency Status"
in this Court on August 9, 2017. We construe Reule's
notice of appeal as a motion to review the trial court's
order sustaining its own challenge to Reule's declaration
of indigence, under Texas Rule of Civil Procedure 145(f)(4)
and (g)(1), grant it, and reverse the order.
claimed that, although defendant Daniel Goldberg had not
filed a motion to contest her indigency in the trial court,
he still had sent a notice of hearing challenging her
pauper's oath on August 1, 2017, setting it for an August
4, 2017 hearing. At the end of that indigency hearing, Reule
claimed that the trial court orally overruled her objections,
including that she had not received the required ten
days' notice to prepare for the hearing, and declared her
not indigent for appellate costs purposes. After the Clerk of
this Court requested an indigent clerk's record, it was
filed on September 11, 2017, including the trial court's
order, signed on August 24, 2017, denying Reule's
declaration of indigence.
August 24, 2017, the original clerk's record was filed in
this Court. Then on September 25, 2017, the reporter's
record of the August 4, 2017 pauper's oath challenge
hearing was filed. At the August 4, 2017 hearing, defendant
Goldberg's counsel confirmed that she did not file a
contest, but that she had been informed by the trial court to
file the notice of hearing for the court to hear Reule's
declaration of indigence.
construe Reule's premature August 9, 2017 notice of
appeal as a motion to review the trial court's August 24,
2017 order denying her indigence claim, and deem it timely
filed on August 24, 2017. See Tex. R. Civ. P.
145(g)(1), (2); Tex.R.App.P. 27.2. Because the trial
court's order contained no findings of fact, this Court
abated this appeal on October 3, 2017, and requested the
preparation of detailed findings as required by Rule
145(f)(6). A supplemental clerk's record was filed on
October 26, 2017, containing the following trial court's
findings of fact:
1. Reule filed the Lawsuit on June 6, 2016.
2. All Defendants were served and appeared before this Court.
3. On March 13, 2017, the Lawsuit was called to trial.
4. Reule and Defendants appeared and answered ready for
5. Prior to a jury being impaneled, Reule and [Daniel J.]
Goldberg entered into an Agreed Judgment, dated March 13,
6. The Agreed Judgment between Reule and Goldberg, dated
March 13, 2017, disposed of all of Reule's ...