Opinion
01-23-00601-CV
05-23-2024
Kathy Felder, David Felder and Hope Felder v. Sealy Dental Center and Robyn Williams
155th District Court of Austin County Trial court case number: 2023V-0002
ORDER
Peter Kelly, Judge
On August 23, 2023, the court reporter filed an information sheet stating that appellants had not paid for the reporter's record. Appellants then filed a statement of inability to afford costs and a motion to appeal as indigent. On October 4, 2023, the clerk's record was filed. This contained a statement of inability filed in the trial court. The clerk's record contains no contest to the statement of inability and no trial court order finding appellant could afford payment of court costs.
When a party files a statement of inability in the trial court, that party is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence. See Tex. R. App. P. 20.1(b)(1). Because the trial court did not overrule appellant's claim of indigence in the trial court, appellant is not required to pay costs on appeal.
Accordingly, we grant the motion to appeal as indigent. The Clerk of the Court is directed to note that appellants may proceed without payment of costs on appeal. See Tex. R. Civ. P. 145(h); Tex.R.App.P. 20.1(b).
It is so ORDERED.