TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00543-CV

B. C., Appellant

v.

Scotty L. Rhodes on behalf of T. L. R., Appellee

FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY

NO. 262619, HONORABLE MIKE DENTON, JUDGE PRESIDING

O R D E R

PER CURIAM

On September 11, 2002, appellant B. C. filed with this Court a motion to waive appellate fees, requesting that this Court waive appellate filing fees and fees for the preparation of the clerk's and reporter's records. This Court abated the appeal to provide appellant an opportunity to obtain from the trial court the requisite findings mandated by section 13.003 of the civil practice and remedies code for waiver of appellate fees. See Tex. Civ. Prac. & Rem. Code Ann. § 13.003(a) (West Supp. 2002).

On October 18, 2002, appellant furnished this Court with a supplemental clerk's record, including the trial court's findings that: (1) this appeal is not frivolous, (2) the reporter's record and the clerk's record are necessary to decide the issues presented on appeal, and (3) appellant is indigent and entitled to court-appointed counsel. Based on these findings, this Court will reinstate the appeal and grant appellant's motion to waive appellate fees. Accordingly, appellant is entitled to a clerk's record and a reporter's record without cost, and all appellate filing fees are waived. The clerk's record was filed with this Court on September 3, 2002, and the reporter's record was filed on September 10; having reinstated the appeal, this Court directs appellant to file an appellant's brief by November 25, 2002.

It is so ordered October 24, 2002.

Before Chief Justice Aboussie, Justices Patterson and Puryear

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