Opinion
Appellate case number: 01-20-00290-CV
08-25-2020
Tammy Sue LeStourgeon v. CERS Environment Services, Inc., Ceres Mulch, Texas Environmental Recycling, et al.
ORDER Trial court case number: 2019-13253 Trial court: 127th District Court of Harris County
The record was due to be filed on May 29, 2020. On April 20, 2020, appellant filed in this court a statement of inability to afford costs on appeal. Because we were unable to verify that the trial court received this document, we issued an order directing appellant to file a statement of inability to afford court costs, as required by Rule 145(a).
To avoid payment of costs of the record and filing fee on appeal, an appellant must file a statement of inability in the trial court in which the appellant swears that he or she is unable to afford court costs. See TEX. R. CIV. P. 145(a). A supplemental clerk's record was filed on August 18, 2020, containing the statement of inability appellant filed in the trial court. But appellant did not check the box stating that she was unable to afford court costs. Instead, she checked the box stating that she could not furnish an appeal bond or pay a cash deposit to appeal a justice court decision. Appellant is not appealing a judgment from the justice court and so the box appellant checked is inapplicable to her appeal.
Accordingly, this Court may dismiss the appeal for want of prosecution unless appellant files a supplemental clerk's record in this Court by September 24, 2020, containing a Statement of Inability that was filed in the trial court, in which she asserts that she is unable to afford court costs on appeal. Appellant also must ask the trial court clerk to prepare and file a supplemental clerk's record containing the Statement of Inability appellant filed with the trial court on or before September 24, 2020. See TEX. R. APP. P. 34.5(c).
It is so ORDERED. Judge's signature: /s/ Justice Richard Hightower
[v] Acting individually [ ] Acting for the Court Date: August 25, 2020
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