Opinion
Appellate case number: 01-17-00843-CV
03-15-2018
Angela Carter v. Tarantino Properties, Inc.
ORDER Trial court case number: 2015-57423 Trial court: 215th District Court of Harris County
The clerk's record was originally due on December 18, 2017. The Harris County District Clerk advised this court on January 25, 2018 that no payment arrangements had been made for the filing of the clerk's record. The court reporter advised this court that no reporter's record was taken.
Appellant had previously filed in this court a statement of inability to afford payment of costs on appeal, but it was unclear whether appellant had filed a statement of inability in the trial court. See TEX. R. CIV. P. 145(a). Accordingly, an order issued on January 22, 2018, notifying appellant that Rule 145 required the filing of the statement of inability in the trial court and that if she wished to proceed without payment of costs or fees, she was required to comply with Rule 145 and ask the trial court clerk to prepare and file a supplemental clerk's record containing this filed statement of inability on or before March 8, 2018. On February 23, 2018, appellant filed a motion to appeal without payment of costs. On March 12, 2018, a supplemental clerk's record was filed containing appellant's statement of inability and motion to appeal as indigent filed in the trial court.
A party who files a statement of inability in the trial court cannot be required to pay costs and fees on appeal except by order of the trial court or this court. See TEX. R. CIV. P. 145(a); TEX. R. APP. P. 20.1(b). The record contains no order requiring appellant to pay costs and therefore, appellant is entitled to appeal without payment of costs. Appellant's motion to appeal without payment of costs is granted.
We order the Harris County District Clerk to file a clerk's record at no cost to appellant within 30 days of the date of this order. Appellant not be required to pay filing fees in this court.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: March 15, 2018