Opinion
12-24-00194-CV
06-24-2024
BARNEY JOE DONALSON JR., DBA GOD'S PROPERTY MINISTRIES, APPELLANT v. HOUSTON MENNONITE FELLOWSHIP CHURCH, INC., ARISE CHURCH OF CANTON, INC., JAMI HARBER DBA ARISE CHURCH OF CANTON, CHAPMAN HOUSE EUSTACE, INC., AND QUEST TRUST COMPANY, INC., APPELLEES
APPEAL FROM THE 294TH JUDICIAL DISTRICT COURT VAN ZANDT COUNTY, TEXAS.
ORDER
On June 13, 2024, Barney Joe Donalson, Jr. d/b/a God's Property Ministries filed a pro se notice of appeal from an injunction order of June 12, 2024. Donalson filed a statement of inability to afford payment of court costs or appeal bond. Estella T. Grisham, the official court reporter, filed a contest.
A party who is not excused by statute or the appellate rules from paying costs, i.e., filing fees charged by the appellate court, must pay--at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. Tex.R.App.P. 5, 20.1(a). A party who filed a statement of inability in the trial court is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence in an order complying with civil Rule 145. Tex.R.App.P. 20.1(b)(1). The declarant may not be required to pay costs without an oral evidentiary hearing, and the declarant bears the burden of providing evidence of his inability to afford costs. Tex.R.Civ.P. 145(f)(1). An order requiring the declarant to pay costs must be supported by detailed findings that the declarant can afford to pay costs. Tex.R.Civ.P. 145(f)(2). Rule 145 authorizes the trial court to order that a declarant pay costs only in certain circumstances. See Tex.R.Civ.P. 145(f).
Accordingly, It is ORDERED that the Honorable Chris B. Martin shall conduct a hearing (in accordance with Rule 145) on the contest to Donalson's statement of inability to pay costs and shall file detailed findings of fact and conclusions of law supporting his ruling thereon. Such written findings and conclusions must be filed with the district clerk on or before July 15, 2024.
It is FURTHER ORDERED that a supplemental clerk's record including the findings be certified to this Court on or before July 19, 2024.
It is FURTHER ORDERED that the court reporter file a reporter's record of the hearing on or before July 22, 2024.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.