Opinion
01-24-00226-CV
10-10-2024
Yoltzin Mariella Hollibaugh v. David Michael Wise
Trial court: 246th District Court of Harris County, Trial court case number: 2018-00554
ORDER
Peter Kelly, Judge
On June 5, appellant filed a motion to proceed as indigent. The Court reviewed the clerk's record and located no trial court order in response to appellant's statement of inability to afford payment of court costs, and granted appellant's motion by order issued on July 16, 2024. On August 7, 2024, appellant filed a pro se motion to request preparation and filing of the court reporter's record without payment of costs. On August 19, 2024, appellee filed a response, advising this Court that the trial court had signed an order overruling appellant's statement of inability. Appellee attached a copy of this order, signed on April 18, 2024, to its response and the order sustains the court reporter's contest. However, the trial court's order is not in compliance with Rule 145(f)(4), which requires the order to state "in conspicuous type" the following: "You may challenge this order by filing a motion in the court of appeals within 10 days after the date this order is signed." Tex.R.Civ.P. 145(f)(4).
Because the trial court had signed an order sustaining the court reporter's contest, the Court now withdraws its order of July 16, 2024. Appellant's motion to proceed as indigent will return to pending status.
The Court directs the trial court to sign an order in compliance with Rule 145(f)(4) including the above notice in conspicuous type. The amended order shall be included in a supplemental clerk's record to be filed in this Court within 10 days of the date of this order.
It is so ORDERED.