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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jan 28, 2015

Tom J. Jones, and All Occupants v. Dinh Tran & Sonny & Anna, LLC

This document is an Affidavit of Indigency, also known as a Pauper's Oath or Affidavit of Inability to Pay Court Costs. It is used by a petitioner to request the court to waive court fees, asserting an inability to pay due to indigency or receipt of public benefits. The affidavit requires the petitioner to provide current, complete, and true financial information, including income sources and amounts, public benefits received, dependents, property, debts, and monthly expenses. The document warns that false statements can lead to prosecution and states that the court may conduct a hearing to verify the financial information before approving or denying the request for fee waiver. The case involves I. J. Doubs as the petitioner and Jerry D. Crawford as the respondent, filed in the 14th Court of Appeals, Houston, Texas, on January 28, 2015.

Affidavit of IndigencyCourt Costs WaiverPauper's OathFinancial DisclosurePublic BenefitsFee ExemptionTexas Civil ProcedureIndigent LitigantJudicial AdministrationCivil Litigation
References
0
Case No. 08-02-00452-CV
Regular Panel Decision
Oct 23, 2003

Jesse Davila v. Pay & Save Corporation D/B/A Lowe's Market Place, Inc.

Jesse Davila appealed a summary judgment against him in favor of his former employer, Pay & Save Corporation, doing business as Lowe's Market Place, Inc. Davila was fired after another employee accused him of sexual harassment. He sued Pay & Save, alleging defamation, negligence, invasion of privacy, fraud, and intentional infliction of emotional distress. The trial court granted summary judgment for Pay & Save on all claims. The Court of Appeals affirmed the trial court's judgment, finding Davila failed to establish error regarding his claims, and denied Pay & Save's motion for damages for frivolous appeal.

Sexual HarassmentWrongful TerminationSummary Judgment AppealDefamation ClaimNegligence ClaimInvasion of PrivacyFraud AllegationIntentional Infliction of Emotional DistressEmployer LiabilityScope of Employment
References
15
Case No. MISSING
Regular Panel Decision

Juan Enriquez v. Ahmed A. Morsy M.D.

This document is a "Statement of Inability to Afford Payment of Court Costs or an Appeal Bond in Justice Court" form. It is designed for individuals to declare their financial inability to pay court-related fees or an appeal bond. The form requires comprehensive personal information, including details about dependents, legal aid representation, and any received public benefits. Furthermore, it mandates a detailed breakdown of monthly income, asset valuation, and itemized monthly expenses. The document concludes with a declaration, under penalty of perjury, attesting to the truthfulness of the financial information provided and the inability to cover court costs or an appeal bond.

Court CostsAppeal BondJustice CourtFinancial DisclosureIndigencyPublic BenefitsIncome StatementExpense StatementAssetsLiabilities
References
0
Case No. MISSING
Regular Panel Decision

Yogurt Culture, Inc. and Michelle Anderssen v. Shannon A. Lang, PLLC

This document is a form titled 'Statement of Inability to Afford Payment of Court Costs or an Appeal Bond.' It allows an individual (Plaintiff) to declare their financial inability to pay court costs or an appeal bond in a lawsuit against a Defendant. The form collects personal information of the filer, including dependents, details about legal aid representation, public benefits received, monthly income and its sources, property value, monthly expenses, and any outstanding debts. It concludes with a declaration under penalty of perjury.

financial inabilitycourt costsappeal bondindigencypublic benefitsincomeexpensesTexascivil procedurecourt form
References
0
Case No. MISSING
Regular Panel Decision

Norberto Adame v. the State of Texas

This document is a form titled "Statement of Inability to Afford Payment of Court Costs or an Appeal Bond" used in Texas courts. It allows a plaintiff or defendant to declare their financial inability to pay court costs or an appeal bond. The form requires the individual to provide personal information, including their dependents, and to disclose whether they are represented by legal aid or receive public benefits. Detailed financial information, such as monthly income sources, property value, and monthly expenses, must be provided to substantiate the claim of indigency. The document concludes with a declaration, made under penalty of perjury, affirming the truthfulness of the information.

Financial HardshipCourt CostsAppeal BondIndigencyPublic BenefitsLegal AidIncome StatementExpense StatementDeclarationTexas Law
References
0
Case No. NO. 18-0503
Regular Panel Decision
May 08, 2020

Ebs Solutions, Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

EBS Solutions, Inc. challenged a franchise tax assessment by the Comptroller of Public Accounts. EBS partially prepaid the assessed taxes and filed an oath of inability to pay the remainder, seeking to invoke the exception in Texas Tax Code § 112.108. The Comptroller argued the trial court lacked jurisdiction, asserting § 112.108 was unconstitutional, and the Court of Appeals reversed the trial court. The Supreme Court of Texas held that § 112.108, as applied to EBS, does not create an unreasonable financial barrier to accessing courts, interpreting 'inability to pay' broadly to include the inability to pay the full assessed amount. The Court reversed the Court of Appeals' judgment and remanded the case to the trial court for further proceedings, concluding that EBS had satisfied the jurisdictional requirements for waiver of sovereign immunity.

Franchise TaxTax AssessmentSubject Matter JurisdictionSovereign ImmunityPrepayment PrerequisiteTexas Tax Code Section 112.108Open Courts ProvisionAs-Applied Constitutional ChallengeInability-to-Pay ExceptionJudicial Review
References
41
Case No. MISSING
Regular Panel Decision

Ex Parte Ramon

Roberto A. Ramon, the relator, sought a writ of habeas corpus challenging a contempt order for failing to pay child support to his ex-wife, Jo Ann Cantu. The trial court had ordered him confined for six months and until he paid $22,338.00 in arrearages. Ramon contended his inability to pay rendered the indefinite confinement void. The appellate court distinguished between criminal (punitive) and civil (coercive) contempt. It affirmed the six-month punitive confinement, finding sufficient evidence of Ramon's past ability to pay child support. However, the court found the civil contempt provision unenforceable, concluding Ramon demonstrated a present inability to pay the arrearage. Consequently, Ramon was remanded to serve only the balance of the six-month criminal contempt sentence.

Habeas CorpusChild SupportContempt of CourtInability to PayCriminal ContemptCivil ContemptDivorce DecreeArrearageTexas Family CodeConfinement
References
13
Case No. 13-99-019-CR
Regular Panel Decision
Oct 12, 2000

Russell Todd Bright v. State

Russell Todd Bright appealed the revocation of his community supervision, contesting the trial court's finding of violations concerning payment terms and the effectiveness of his legal counsel. He argued that there was no evidence he violated terms by failing to pay court costs, that he proved an inability to pay, and that he received ineffective assistance of counsel due to his lawyer's failure to object to victim impact testimony. The appellate court sustained his argument regarding the vagueness of court costs but found he failed to establish an inability to pay supervisory fees due to a lack of documentation. Furthermore, the court determined that even if counsel's performance was deficient, there was no reasonable probability the outcome would have been different, given other evidence against him. Consequently, the judgment of the trial court affirming the revocation of community supervision was affirmed.

Revocation of Community SupervisionIntoxication AssaultInability to PayIneffective Assistance of CounselVictim Impact TestimonyCriminal ProcedureAppellate ReviewAbuse of DiscretionAffirmative DefenseProbation Violation
References
35
Case No. MISSING
Regular Panel Decision

Ex Parte Snow

James Aubrey Snow, the relator, sought a writ of habeas corpus, arguing his illegal confinement by the Harris County Sheriff. He was held in contempt by the 309th Judicial District Court for failing to pay $2700 in child support arrears, as ordered by a 1980 decree to Geor-ganne Jill Snow. The relator raised five points of error, including the lack of a separate written contempt order, ambiguity in the original decree, compelled testimony violating his self-incrimination privilege, lack of identity proof, and his alleged inability to pay. The court overruled all points, finding the combined commitment and contempt order valid, the decree's language sufficient, any error in testimony harmless as contempt was already proven, identity was not an issue, and he failed to conclusively prove inability to pay. Consequently, the writ of habeas corpus was denied, and Snow was remanded to custody.

Child Support ArrearsContempt of CourtHabeas Corpus PetitionIllegal ConfinementFifth Amendment PrivilegeSelf-IncriminationAbility to PayDue ProcessJudicial ReviewFamily Law Enforcement
References
11
Case No. 13-14-00716-cv
Regular Panel Decision
Jan 13, 2015

Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District

This document is an Affidavit of Indigency filed by Victor Quijanq, requesting the court to waive court fees due to his inability to pay. He provides detailed financial information including his monthly net income of $1600 as a self-employed individual and $150 in public benefits (SSI, Medicaid). He lists his dependents as Maria Amaya, Estefania Quijano, Jesus Quijano, Juan Quijano, and Ana Quijano, and details his assets (cash, vehicle) and monthly expenses (rent, food, utilities). The form clarifies that the court may or may not approve the request and might require a hearing.

IndigencyCourt FeesAffidavitPauper's OathFinancial DisclosurePublic BenefitsExpensesDependentsTexas Law HelpCivil Procedure
References
0
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