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Maribel Woodard v. McDonalds' Corporation HK Management, Inc D/B/A McDonald/ 307097 and Manager, McDonalds Restaurant 307097
01-17-00204-CV
Tex. App.
May 4, 2017
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Case Information

*1 ------------------------ V O I D C M

------------------------ C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON O RDER FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS

Appellate case name: Maribel Woodard v. McDonald’s Corporation HK 3/13/2017 11:51:42 PM Management, Inc d/b/a McDonald/037097 and Manager, CHRISTOPHER A. PRINE McDonalds Restaurant #307097 Clerk Appellate case number: 01-17-00204-CV Trial court case number: 2013-58383

RECEIVED IN 1st COURT OF APPEALS HOUSTON, TEXAS

Trial court: 269th District Court of Harris County 3/13/2017 11:51:42 PM CHRISTOPHER A. PRINE

The Clerk of this Court’s March 24, 2017 notice to the district clerk requested an Clerk indigent clerk’s record by April 28, 2017, after appellant had filed a “Statement of Inability to Afford Payment of Court Costs or an Appeal Bond” (“Statement”), which is a new affidavit of indigence form approved by the Texas Supreme Court. This Statement was filed by appellant, Maribel Woodard, in both this Court and the district court on March 13, 2017. Instead, on April 18, 2017, the district clerk filed an information sheet in this Court stating that the clerk’s record will not be filed because the appellant has not made payment arrangements.

Rule 20.1 provides that a party who files such a Statement in the trial court will not have to pay costs in the appellate court unless the trial court overruled the party’s claim of indigence in an order that complies with Texas Rule of Civil Procedure 145. See T EX . R. A PP . P. 20.1(b)(1) (amended; eff. Sept. 1, 2016). However, the Court is unable to determine whether a contest was filed or if the trial court overruled this claim of indigence in such an order. See id.

Accordingly, th e Court ORDERS the d i s t r i c t clerk to file a supplemental clerk’s record containing the attached appellant’s “Statement of Inability to Afford Payment of Court Costs or an Appeal Bond in Justice Court,” any contests filed, and any order granting or overruling appellant’s indigence claim. The supplemental clerk’s record on indigence shall be filed in this Court within 20 days of the date of this order.

It is so ORDERED. Judge’s signature: /s/ Laura Carter Higley  Acting individually Date: May 4, 2017

ACCEPTED

*2 2013-58383

FIRST COURT OF APPEALS HOUSTON, TEXAS 3/13/2017 11:51:42 PM CHRISTOPHER PRINE

CLERK

Case Details

Case Name: Maribel Woodard v. McDonalds' Corporation HK Management, Inc D/B/A McDonald/ 307097 and Manager, McDonalds Restaurant 307097
Court Name: Court of Appeals of Texas
Date Published: May 4, 2017
Docket Number: 01-17-00204-CV
Court Abbreviation: Tex. App.
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