Opinion
01-22-00555-CV
11-05-2024
Alecia Gaston v. CFOUR Appraisals, Inc., Cardinal Financial Company, Rashid Ghafoor, and Findom, Inc.
412th District Court of Brazoria County Trial court case No: 118544-CV
ORDER
David Gunn, Judge
Appellant, Alecia Gaston, filed a notice of appeal from the trial court's final judgment on July 19, 2024. The appellate record was originally due to be filed by August 27, 2024. See Tex. R. App. P. 35.1. The clerk's record was filed on September 6, 2024, however, no reporter's record was filed. On September 9, 2024, the official court reporter for the 412th District Court of Brazoria County filed an "Information Sheet by Court Reporters" notifying the Court that the record was ready but had not been filed because appellant had not paid, nor made arrangements to pay, the fee for the preparation of the reporter's record.
Accordingly, on September 9, 2024, the Court notified appellant unless she paid the fee for the preparation of the reporter's record or established that she was exempt from paying the fee, by October 9, 2024, she may be required to file a brief without a reporter's record. On October 12, 2024, appellant filed a "Request to Proceed In Forma Pauperis Due to Material [Change in Circumstances]." In her motion, appellant requests that she be permitted to proceed on appeal without payment of costs based on a material change in her financial circumstances. In support of her motion, appellant provided a Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court of Texas.
Texas Rule of Appellate Procedure 20.1 governs indigency of a party for purposes of appellate costs. See Tex. R. App. P. 20.1. Pursuant to Rule 20.1, an appellate court may permit a party to proceed without payment of "costs," defined as "filing fees charged by the appellate court." See Tex. R. App. P. 20.1(a). We grant in part appellant's Request to Proceed In Forma Pauperis and permit her to proceed without payment of any filing fees charged by this Court.
However, to the extent appellant seeks to proceed without payment of cost for the preparation of the appellate record, Rule 20.1 states that "[f]ees charge for preparation of the appellate record are governed by Texas Rule of Civil Procedure 145." Id. The clerk's record, filed on September 6, 2024, does not include any evidence regarding appellant's indigency status in the trial court.
Accordingly, appellant's request to proceed without payment of costs or fees for preparation of the appellate record require that she comply with Texas Rule of Civil Procedure 145(b) by filing her Statement of Inability to Afford Payment of Court Costs in the trial court. See Tex. R. Civ. P. 145(b). To the extent appellant seeks to proceed without payment of costs for preparation of the appellate record, she is further directed to request the trial court clerk file a supplemental clerk's record in this Court which includes her Statement of Inability to Afford Payment of Court Costs filed in the trial court.
The Clerk of this Court is directed to make an entry in this Court's records that appellant is allowed to proceed on appeal without payment of "costs" as defined by Texas Rule of Appellate Procedure 20.1(a) ("[C]osts mean filing fees charged by the appellate court.").
It is so ORDERED.