David Allan Edwards v. Gerald B. Phillips, M.D. ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
May 20, 2014
No. 04-13-00725-CV
David Allan EDWARDS,
Appellant
v.
COUNTY OF ATASCOSA,
Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 12-02-0185-CVA-A
Honorable Thomas F. Lee, Judge Presiding
ORDER
Appellant David Allan Edwards is an inmate acting pro se. We abated this appeal for the
trial court to determine (1) whether Appellant is indigent, see TEX. R. APP. P. 20.1; Higgins v.
Randall County Sheriff’s Office, 257 S.W.3d 684, 688 (Tex. 2008), and if so, (2) whether
Appellant’s appeal is frivolous, see TEX. CIV. PRAC. & REM. CODE ANN. § 14.003 (West 2002).
The trial court determined that Appellant’s appeal is frivolous. See id. Appellant filed a
response to the trial court’s determination, and Appellee filed a reply to Appellant’s response.
The supplemental clerk’s record does not show any contest was timely filed to
Appellant’s affidavit of indigence. See TEX. R. APP. P. 20.1(f). Thus, Appellant’s allegations of
indigence are deemed true, and Appellant is entitled to the clerk’s and reporter’s records without
cost.
We REINSTATE the appellate timetable. We ORDER the trial court clerk and the court
reporter to file their respective records within THIRTY DAYS of the date of this order.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 20th day of May, 2014.
___________________________________
Keith E. Hottle
Clerk of Court