COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Mitchell Carter v. T. Gerald Treece, in his Capacity as Independent Executor of the Estate of John M. O'Quinn Appellate case number: 01-11-01003-CV Trial court case number: 2009-50892 Trial court: 152nd District Court of Harris County On June 1, 2012, the district clerk filed the clerk’s record on indigence in the above- referenced appeal containing the trial court’s order denying the contest to appellant’s affidavit of indigence.

The Clerk of this Court is ORDERED to make an entry in this Court’s records that appellant is indigent and is allowed to proceed on appeal without advance payment of costs. See TEX. R. APP. P. 20.1(i)(4), (j)(5).

It is further ORDERED that the District Clerk file with this Court, within 30 days of the date of this order and at no cost to appellant, a clerk’s record containing the items specified in Texas Rule of Appellate Procedure 34.5(a). See TEX. R. APP. P. 20.1(k).

It is further ORDERED that the Court Reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See id. Appellant’s brief is ORDERED filed with this Court within 30 days after the later of the date the clerk’s record is filed or the date the reporter’s record is filed. See TEX. R. APP. P. 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date the appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).

Judge’s signature: /s/ Justice Terry Jennings  Acting individually  Acting for the Court Date: July 26, 2012