The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00057-CV
Ross O. Brown, Appellant
v.
The County of Comal, Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT
NO. T-7993C, HONORABLE JACK ROBISON, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant filed his notice of appeal on January 31, 2014, and filed an affidavit of
indigence in this Court on February 18. On March 17, appellee filed a response asserting that
appellant was not indigent and that the affidavit contained several defects. We therefore abate the
appeal and remand to the trial court to hear evidence, make factual determinations, and grant the
appropriate relief. See Tex. R. App. P. 20.1(h)(4). Notice shall be given and the hearing shall be
held within the deadlines set out in the rules of appellate procedure. See id. R. 20.1(i)(1) (trial court
must set hearing and notify parties and court reporter), (2) (hearing must be held within ten days of
date trial court receives referral of contest), (3) (trial court may extend time for hearing for up to
twenty days), (4) (contest is deemed overruled unless trial court signs order sustaining contest within
period set for hearing).
It is ordered May 6, 2014.
Before Justices Puryear, Goodwin, and Field
Abated and Remanded
Filed: May 6, 2014
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