“A clerk has a ‘mandatory, ministerial duty’ to file all documents submitted for filing,” according to a recent opinion issued by the Dallas Court of Appeals. The court further held that the court, not the clerk, then has the power to decide the propriety of the filing.
affidavit of indigency
Challenging an Order on a Contest to an Affidavit of Indigency
By Mike Northrup on
Posted in Opinions & Judgments
Must an appellant who seeks to appeal a trial court’s order sustaining a challenge to the appellant’s affidavit of indigency file a separate notice of appeal? Answer: It depends on which court of appeals the appeal is in.
The San Antonio Court of Appeals has held that it is not necessary for an appellant to…