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eBook details

• Title: Linda Jones v. Honorable Catherine Stayman
• Author : Supreme Court of Texas No. C-6805
• Release Date : January 02, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Relator Linda Jones seeks a writ of mandamus to compel the trial court to grant her application for a free statement of facts
under TEX. R. APP. P. 53(j), for use in her appeal from a judgment terminating her parental rights.1 On October 6, 1986
Jones timely filed an affidavit of inability to pay cost bond under TEX. R. APP. P. 40(a)(3)(B). The only contest, also filed
on October 6, was overruled by operation of law when the trial court failed to sign a written order either determining the
contest or extending the time for doing so within the ten days allotted by TEX. R. APP. P. 40(a)(3)(E). Rule 53(j), therefore
required the court, on application by Jones, to order the official court reporter to prepare and deliver a statement of facts
without pay. The question here, however, is whether Jones failed to provide the required notice of filing the affidavit to
the court reporter, and so is not entitled to prosecute her appeal without payment of costs. See TEX. R. APP. P. 40(a)(3)(B). Jones' attorney typed a letter to the court reporter before the affidavit was filed. The letter, dated October 2, stated
that Jones intended to appeal as soon as her affidavit was filed and accepted in lieu of cost bond, and put the court reporter
"on notice" that Jones would be requesting a statement of facts. The letter informed the court reporter that the statement
of facts was due on October 30, and that the anticipated date for a hearing on the affidavit was October 13. The letter closed
with a request that the court reporter inform the attorney if the statement of facts would not be ready by October 23. It
is undisputed that the letter was mailed on the day after the affidavit was filed, within the two-day period allowed by Rule
40(a)(3)(B). The parties have also stipulated that the court reporter had actual notice of the filing of the affidavit at
some point before the October 13 hearing. The court reporter was present at the hearing. He did not raise any objection as
to a lack of proper notice, nor did he file a contest or request an extension of time to do so.

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