Opinion
04-23-00379-CV
07-18-2023
Melanie Lynn HAGNER, Appellant v. Juan Antonio VALDEZ Jr., Appellee
From the 407th Judicial District Court Bexar County Texas Trial Court No 2023-C -01683 Honorable Rosie Alvarado, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
The court reporter responsible for preparing the reporter's record in this appeal filed a notification of late record stating that the reporter's record had not been filed because appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record and that appellant is not entitled to appeal without paying the fee The court reporter further explained she did not receive the notice of appeal from appellate counsel.
The record shows the notice of appeal was served on the court reporter The record further shows the appellant filed an affidavit of inability to pay in the trial court on March 30 2023 A party who filed an affidavit of inability to pay in the trial court is not required to pay, costs . in the appellate court if the trial court has not overruled their claim of indigence See Tex R App P 20 1(b)(1) The court reporter did not challenge the affidavit and the trial . court did not overrule appellant's claim of indigence In addition appellant filed an affidavit of inability to pay in this court Appellant is permitted to proceed without payment of costs See Tex R App P. 20.1(b)(1), (c).
We order the court reporter Debra Jimenez to file the reporter's record on or before August 7, 2023.