Opinion
01-22-00528-CV
11-29-2022
Jeremy James Joseph v. William D. Joseph, Jr.
Probate Court No. 4 of Harris County Trial court case number: 491773
ORDER
Richard Hightower Judge
Appellant Jeremy James Joseph is appealing pro se from the trial court's May 6, 2022 order granting appellee William D. Joseph, Jr.'s traditional and no-evidence motion for summary judgment and dismissing appellant's opposition to the probate of the will and issuance of letters testamentary for independent executor of the estate of Stella L. Joseph, deceased. On July 18, 2022, the court reporter filed a notice that appellant had not paid for preparation of the reporter's record. On July 28, 2022, the court reporter filed a copy of her opposition to appellant's statement of inability to afford court costs which had been filed in the trial court. On August 25, 2022, the court reporter forwarded to this Court a copy of the trial court's order approving her contest to appellant's statement of inability.
A clerk's record was filed on September 20, 2022, but this record contained no documents related to appellant's statement of inability. On October 11, 2022, this Court requested a special clerk's record containing all documents related to appellant's statement of inability. The supplemental special clerk's record was filed on October 19, 2022.
The supplemental clerk's record contained appellant's statement of inability, the court reporter's motion to challenge appellant's statement of inability, and the trial court's August 12, 2022 order approving the motion to challenge. The trial court's order stated that a hearing was held to consider the court reporter's challenge to appellant's statements of inability filed on May 6, 2022 and May 9, 2002 and that appellant failed to appear at the hearing. After considering the testimony of witnesses and the arguments of counsel, the trial court stated that it found that appellant had "failed to disclose that he made two monetary contributions via Paypal to the Honorable James Horwitz's campaign fund (Judge Horwitz promptly refunded the contributions) although he reports having no income or property." Accordingly, the trial court concluded that appellant failed to prove inability to afford court costs.
Rule 145 permits a declarant to challenge a trial court's order concerning inability to afford court costs. See Tex. R. Civ. P. 145(g). However, Rule 145(f)(4) requires the trial court to include in the order the following language in conspicuous type: "You may challenge this order by filing a motion to the court of appeals within 10 days after the date this order is signed. See Texas Rule of Civil Procedure 145." Tex.R.Civ.P. 145)f)(4). The trial court's August 12, 2022 order did not include this required language.
Accordingly, the appeal is ordered abated and remanded to the trial court to correct its order to comply with Rule 145. The trial court shall see that a supplemental clerk's record containing a revised order is filed in this Court within 20 days of the date of this order.
It is so ORDERED.