                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-16-00177-CV
                            ____________________

                      KIERRAH S. BUSHNELL, Appellant

                                         V.

                 DEMARCUS JAMAL BUSHNELL, Appellee
_______________________________________________________             ______________

                    On Appeal from the 317th District Court
                          Jefferson County, Texas
                         Trial Cause No. C-223,019
________________________________________________________             _____________

                                      ORDER

      Kierrah S. Bushnell filed a declaration of inability to pay costs in the

appellate court and requested that a clerk’s record be prepared. See Tex. R. App. P.

20.1(c)(1), (3). The trial court clerk filed a contest. See Tex. R. App. P. 20.1(e).

When an affidavit of indigence is filed in the appellate court and a contest is filed,

the Court may refer the matter to the trial court. See Tex. R. App. P. 20.1(h)(4).

      It is, therefore, ORDERED that the appeal is abated and the case is

remanded to the trial court for a determination of the appellant’s indigence. The

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trial court shall hear evidence and grant the appropriate relief. See Tex. R. App. P.

20.1(h)(4). The trial court shall set a hearing and notify the parties and the court

reporter of the setting. The trial court shall either conduct a hearing within ten days

of receiving the referred contest from this Court or within that time sign an order

extending the hearing date for not more than twenty days. See Tex. R. App. P.

20.1(i) (1), (2)(B), (3). Unless the trial court signs an order sustaining the contest

within the period set for the hearing, the affidavit’s allegations will be deemed true.

See Tex. R. App. P. 20.1(i)(4). A supplemental clerk’s record containing any

orders signed by the trial court in connection with the contest and any documents

filed with the trial court in connection with the contest, together with a reporter’s

record of any hearing conducted pursuant to this Order, shall be filed with the

Court of Appeals by August 22, 2016.

      ORDER ENTERED July 21, 2016.


                                                          PER CURIAM

Before Kreger, Horton, and Johnson, JJ.




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