Opinion
08-23-00250-CV
11-27-2023
LAURA RACHELLE AGUILAR, Appellant, v. RODOLFO ESQUIVEL AND RICHARD AGUILAR, Appellees.
Appeal from the 384th District Court of El Paso County, Texas (TC# 2021DCV0951)
ORDER
PER CURIAM.
Appellant, Laura Rachelle Aguilar, filed a Statement of Inability to Afford Payment of Courts Costs or an Appeal Bond. See Tex. R. Civ. P. 145. Appellees have filed a joint challenge to the Statement of Inability. Rule 145 governs a party's claim that the party is unable to afford appellate fees and the costs for preparation of the appellate record. Tex.R.Civ.P. 145; Tex.R.App.P. 20.1. We conclude that it is necessary for the trial court to conduct a hearing as contemplated by Rule 145. Tex.R.Civ.P. 145.
It is therefore ordered that this case is ABATED. The trial court is ordered to conduct a hearing to determine whether Appellant Aguilar is able to afford to pay the appellate fees and the costs of the appellate record. The hearing should be conducted within thirty days of the date of this order. Aguilar must be given ten days' notice of the hearing date. See Tex. R. Civ. P. 145.
The trial court must issue an order which complies with Texas Rule of Civil Procedure 145(f). The trial court shall forward its order to the District Clerk of El Paso County, Texas no later than three days after the order is signed.
The District Clerk shall prepare and forward a supplemental clerk's record containing the order to this Court no later than five days after the trial court files the order. The hearing shall be recorded by the court reporter. However, it will not be necessary for the court reporter to file a record of the hearing unless the trial court rules that Appellant is able to afford to pay for the appellate record. All appellate deadlines shall be suspended pending resolution of these issues. After this matter is resolved, the Court will issue an order reinstating this cause and reestablishing the appellate deadlines.
IT IS SO ORDERED.