Opinion
04-24-00303-CV
11-13-2024
Alfonso (AE) CABALLERO, Alfonso Edmundo Caballero, III, Appellants v. GRANDVIEW WILDLIFE RANCH, LLC, Appellee
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 20-469 Honorable Kirsten Cohoon, Judge Presiding
ORDER
Irene Rios, Justice.
On May 23, 2024 and July 1, 2024, the court reporter filed notifications of late record stating the reporter's record was not filed because appellants had failed to pay or make arrangements to pay the court reporter's fee for preparing the record and appellants were not entitled to appeal without paying the fee. On July 26, 2024, we ordered appellants to provide written proof to this court by August 5, 2024 that: (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellants are entitled to appeal without paying the reporter's fee. In our order, we noted that if appellants did not respond within the time provided, their brief would be due by August 26, 2024.
On August 6, 2024, appellant Alfonso Caballero III filed a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond in this court. On August 16, 2024, we ordered the chief deputy clerk of this court to forward a copy of the statement to all parties, the trial court clerk, and the court reporter. Our order provided ten days to file a written objection in this court if the trial court clerk, the court reporter, or any other party wished to challenge Alfonso Caballero III's claim of indigence. Appellee Grandview Wildlife Ranch, LLC timely challenged Alfonso Caballero III's claim of indigence.
Therefore, we ABATE this appeal and REMAND the cause to the trial court to conduct a hearing in compliance with Rule 145(f) of the Texas Rules of Civil Procedure to determine whether Alfonso Caballero III is entitled to proceed with his appeal without paying costs. See Tex. R. Civ. P. 145.
We ORDER the chief deputy clerk of this court to forward to the trial court clerk a copy of the following documents filed in this court:
• Alfonso Caballero III's Statement of Inability to Afford Payment of Court Costs, filed in this court on August 6, 2024; and
• Grandview Wildlife Ranch, LLC's Challenge to Claim of Indigency and accompanying exhibits, filed in this court on August 21, 2024.
The trial court clerk is ORDERED to file the documents in the clerk's record of the underlying cause.
We ORDER the trial court to file its order regarding Alfonso Caballero III's indigency with the trial court clerk on or before December 13, 2024. See Tex. R. Civ. P. 145(f). We further ORDER the trial court clerk to file a supplemental clerk's record in this court no later than ten days after the trial court files its order on Alfonso Caballero III's indigency.
All appellate deadlines are suspended pending further orders from this court. Grandview Wildlife Ranch, LLC's motions to dismiss this appeal are DENIED.