Opinion
NO. 09-20-170-CV
11-23-2020
KARLA FRANCO HERRERA, Appellant v. ARIEL ALEJANDRO MATA, Appellee
On Appeal from the 418th District Court Montgomery County, Texas
Trial Cause No. 18-11-14838-CV
ORDER
On May 26, 2020, Karla Franco Herrera, Appellant, filed a notice of appeal from the trial court's judgment signed on February 25, 2020. The appellate record was due on October 19, 2020, but has not been filed. On November 20, 2020, Appellant filed a statement of inability to afford payment of court costs in the appellate court. We abate this appeal and remand the cause to the trial court for a determination of Appellant's ability to afford payment of court costs under Rule 145 of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 145.
The trial court may direct the Appellant to correct or clarify the statement of inability to afford payment of court costs. See Tex. R. Civ. P. 145(d). Any motion to require Appellant to pay costs or to require Appellant to prove her inability to afford costs must be filed in the trial court by the appropriate party in accordance with Rule 145. See id. R. 145(f)(1)-(4). If necessary, the trial court shall conduct a hearing and make appropriate orders. See id. R. 145(f)(5)-(7). Any documents filed and orders signed pursuant to Rule 145 shall be forwarded to this Court for filing as a supplemental record no later than December 23, 2020. Alternatively, a party, the trial court clerk, or the court reporter may file a status report informing this Court that additional time is needed for a determination under Rule 145. In the absence of a request for additional time, this appeal will automatically reinstate on January 4, 2021. Upon reinstatement, if an order requiring Appellant to pay costs has not been signed, Appellant will be entitled to proceed without payment of costs associated with this appeal. See id. R. 145(a).
ORDER ENTERED November 23, 2020.
PER CURIAM Before Kreger, Horton and Johnson, JJ.