Opinion
NO. 09-17-00112-CV
05-03-2017
PATRICIA SHAW, Appellant v. JOSEPH SHAW, Appellee
On Appeal from the 284th District Court Montgomery County, Texas
Trial Cause No. 16-03-03245-CV
ORDER
Appellant, Patricia Shaw, filed a notice of appeal from the trial court's judgment signed on January 17, 2017. On April 27, 2017, appellant filed an affidavit of inability to pay costs of court or appeal. A notice filed with the affidavit states that the appellant does not have the funds to pay for a copy of the record for the appeal. We abate this appeal and remand the cause to the trial court for a determination, if necessary, of the appellant's ability to afford payment of court costs under Rule 145 of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 145.
Any motion to require appellant to pay costs or to require appellant to prove her inability to afford costs must be filed in the trial court by the appropriate party in accordance with Rule 145. See id. R. 145(f)(1)-(4). If necessary, the trial court shall conduct a hearing and make appropriate orders. See id. R. 145(f)(5)-(7). Any documents filed and orders signed pursuant to Rule 145 shall be forwarded to this Court for filing as a supplemental record no later than June 3, 2017. Alternatively, a party, the trial court clerk, or the court reporter may file a status report informing this Court that additional time is needed for a determination under Rule 145. In the absence of a request for additional time, this appeal will automatically reinstate on June 2, 2017. Upon reinstatement, if an order requiring appellant to pay costs has not been signed, appellant will be entitled to proceed without payment of costs associated with this appeal. See id. R. 145(a).
ORDER ENTERED May 3, 2017.
PER CURIAM Before McKeithen, C.J., Horton and Johnson, JJ.