Opinion
13-24-00202-CV
06-26-2024
IN THE INTEREST OF C.D.S. JR., A CHILD
ON APPEAL FROM THE 233RD DISTRICT COURT OF TARRANT COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on appellant's statement of inability to afford payment of court costs or an appeal bond. The record reflects the trial court previously determined that appellant is not indigent. However, the trial court's prior order did not fully comply with Texas Rule of Civil Procedure 145. See Tex. R. App. P. 20.1(b) ("A party who filed a Statement of Inability to Afford Payment of Court Costs in the trial court is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence in an order that complies with Texas Rule of Civil Procedure 145."); Tex.R.Civ.P. 145(f) (requiring the trial court's order to include, inter alia, "detailed findings that the declarant can afford to pay court costs"); see also Tex. R. Civ. P. 145(h) (providing that an order requiring a party to pay costs is "void, unless the court has issued an order that complies with (f)"). Additionally, appellant filed her statement in this Court after the trial court's indigency determination. Given these circumstances, we abate this matter for the trial court to determine whether appellant is indigent and therefore entitled to proceed without paying costs. See Tex. R. App. P. 20.1(b).
Upon remand, the trial court shall immediately cause notice of a hearing to be given to all parties and the court reporter and, thereafter, conduct a hearing to determine whether appellant is indigent. To the extent practicable, the trial court shall follow the procedural requirements of Rule 145(f) in determining appellant's indigency. See Tex. R. Civ. P. 145(f). If the trial court determines that appellant is indigent and entitled to a free appellate record, the trial court shall make any orders necessary to ensure that appellant may proceed without paying costs.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding appellant's indigency, to be included in a supplemental clerk's record. Further, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty (30) days from the date of this order.
Regardless of the trial court's determination of appellant's indigency, she shall not be required to pay any fees associated with these supplemental records. See Tex. R. App. P. 20.1(b)(3)(B); Tex.R.Civ.P. 145(g)(3).