Legal Opinion

In Re VanDeWater

Texas Court of Appeals, 4th District (San Antonio)

Decided March 25, 1998No. 04-97-00560-CVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

STONE, Justice.

This proceeding requires us to determine whether a trial court’s ruling on the frivolity of an appeal must be made within the same time limits as its ruling on the indigency of an appellant. The relator, Lillian Marie VanDeWater, timely perfected an appeal by filing an affidavit of inability to pay costs. The real parties in interest, Concepcion Solis and JoAnne Creed, timely contested the affidavit and alleged the appeal was frivolous. The trial court overruled the contest, but it nonetheless denied VanDeWater a free statement of facts under the authority of Section…

2Cases cited15 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. Escobar v. EscobarTexas Supreme Court · 1986
  4. Pony Express Courier Corp. v. Morris, Texas Court of Appeals, 4th District (San Antonio)1996
  5. Wintermann v. McDonaldTexas Supreme Court · 1937

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3Cited by12 opinions

  1. Holt v. F.F. Enterprises, Texas Court of Appeals, 7th District (Amarillo)1998
  2. In the Interest of B.R.G.Court of Appeals of Texas · 2001
  3. In Re Emeritus Corp., Texas Court of Appeals, 4th District (San Antonio)2005
  4. AEP Texas North Company, F/K/A West Texas Utilities Company v. SPA Pipe, Inc. D/B/A Smith Pipe of Abilene and SPA Pipe & Supply, LP, Texas Court of Appeals, 3rd District (Austin)2008
  5. Brandon Antony Rogers v. State, Texas Court of Appeals, 3rd District (Austin)2008

7 more not listed; retrieve them via the Exa API.

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