CASES INVOLVING INDIGENCY FROM THE TEXAS SUPREME COURT
In Interest of CHC, No. 09-0480 (Tex. Jan 28, 2011)(per curiam)(procedure for obtaining free record based on
When a pro se party seeks to appeal a trial court’s decision and properly files a sufficient and unchallenged affidavit
establishing indigency and requesting a free record on appeal, the Texas Rules of Appellate Procedure mandate that the party
be provided the record. Because the affidavit in this case was not timely challenged, we reverse the court of appeals’ dismissal
of this appeal and remand the case to the court of appeals for further proceedings.
Because Hawkins established her indigence demonstrating her inability to pay costs on appeal, Hawkins was entitled to
proceed with the appeal without costs. The court of appeals erred in dismissing her appeal for Hawkins’ failure to pay the
docketing fee and provide a record. Therefore, without hearing oral argument, Tex. R. App. P. 59.1, we reverse the court of
appeals’ judgment and remand to the court of appeals with instructions to accept Hawkins’ appeal without payment of the filing
fee, order the preparation of Hawkins’ record at no cost, and consider the appeal on its merits.
IN THE INTEREST OF C.H.C., A CHILD; from Dallas County; 5th district (05-09-00121-CV, ___SW3d ___, 07-28-09)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the
Court reverses the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion [9-page opinion in pdf]
View Electronic Briefs 09-0480 IN THE INTEREST OF C.H.C., A CHILD
TEXAS APPEALS COURTS