Legal Opinion · Dissent

In re of J.N.L.

Court of Appeals of Texas

Decided December 8, 2004No. 04-04-00539-CVPublished

1Dissent

ALMA L. LÓPEZ, Chief Justice

dissenting, joined by CATHERINE STONE, Justice.

While I applaud the majority’s effort to assist the court reporter in this case, and am sympathetic that the court reporter may have to produce a record without pay due to a possible omission by a third party, I do not believe Rule 2 should be applied in this circumstance to enlarge the time limit for filing a contest to an affidavit of indigence. If this appeal involved a criminal matter, I would be even more emphatic because the Texas Court of Criminal Appeals has cautioned:

[W]e think it is clear that using Rule 2(b)…

2Cases cited7 opinions

  1. Olivo v. StateCourt of Criminal Appeals of Texas · 1996
  2. Verburgt v. DornerTexas Supreme Court · 1998
  3. Oldham v. StateCourt of Criminal Appeals of Texas · 1998
  4. State v. GarzaCourt of Criminal Appeals of Texas · 1996
  5. Jauregui Partners, Ltd. v. Grubb & Ellis Commercial Real Estate Services, Texas Court of Appeals, 13th District1997

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