holding that appellant is not required to comply with section 14.004(a)(1) to appeal
How later courts described this case
- holding that appellant is not required to comply with section 14.004(a)(1) to appeal
- holding procedural requirements of section 14.004 inapplicable to appellate filings
Written by the judges who cited it.
The opinion
TIM TAFT, Justice,
concurring.
I concur with the majority opinion in all but its implication that rule 20.1(c)(1) of the Texas Rules of Appellate Procedure allows a party to file his affidavit of indi-gency on the same day as his notice of appeal in order to satisfy the requirement of the rule that the affidavit of indigency be filed “with or before” the notice of appeal. See Tex.R.App. P. 20.1(c)(1). Nevertheless, because our records demonstrate that appellant’s notice of appeal was filed in this Court at 9:41 a.m. on August 18, 2003 and that appellant’s affidavit of indigency was filed in the trial court at 9:42 a.m. on August 18, 2003, I would hold that this was sufficiently close in time to constitute the documents’ having been filed “with” one another, even though they were filed in different courts.
Accordingly, I respectfully concur in the majority’s opinion.