Suzanna Eckchum A/K/A Susan Eckhert v. State
03-15-00107-CV
| Tex. App. | Jun 4, 2015Background
- Appellant Suzanna Eckchum filed an affidavit of indigence and moved for rehearing on a May 21, 2015 judgment taxing all costs against her in this appeal and the consolidated matter.
- The Court consolidated this appeal with 03-15-00270-CV and dismissed the other, ordering costs against Eckchum.
- Eckchum contends she remains indigent and seeks no costs under Tex. R. App. P. 20.1(m) and related authority.
- She argues that taxation of costs against her in the dismissed/dismissed-consolidated appeal would force her to advance costs for the consolidated case.
- The trial court initially contested her indigence status but allowed her to proceed without advancing costs; Eckchum seeks a judgment that imposes no costs.
- Prayer requests the court withdraw the May 21, 2015 judgment and render a new judgment that imposes no costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should costs be assessed against an indigent appellant on dismissal/consolidation? | Eckchum argues no costs due to indigence. | State argues costs may be taxed on dismissal per rule. | No costs should be assessed against Eckchum. |
Key Cases Cited
- Montalvo v. JP Morgan Chase Bank, N.A., 375 S.W.3d 553 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (affidavit of indigence supports no costs on dismissal)
