Opinion
04-24-00453-CV
08-05-2024
Christopher HUGHES, Appellant v. Christina HUGHES, Appellee
From the 216th Judicial District Court, Kerr County, Texas Trial Court No. 22823A Honorable Albert D. Pattillo, III, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Lori I. Valenzuela, Justice, Lori Massey Brissette, Justice
ORDER
LORI I. VALENZUELA, JUSTICE
On June 24, 2024, appellant filed a statement of inability to afford costs of court in the trial court. In civil cases, Texas Rule of Appellate Procedure 20.1(b) generally provides the filing of a statement authorizes an indigent appellant to proceed without payment of costs unless the trial court overrules the claim in an order that complies with Texas Rule of Civil Procedure 145. However, in this case, on June 24, 2024, appellee filed a verified motion to require payment of costs. After reviewing the submissions, the trial court specifically required an in-person hearing on appellant's indigency status. See Tex. R. Civ. P. 145(f)(1) (requiring oral evidentiary hearing before declarant may be required to pay costs). However, in a pre-existing vacation letter, appellee's counsel asserts unavailability until August 26, 2024.
Therefore, on July 19, 2024, appellant filed in this court a motion for finding of indigency, to abate payment of cost of appeal, and to extend deadline for filing of appellate record. The motion requests this court rule on his indigency status, waive costs of the appeal, and extend deadlines as appropriate. Relatedly, on July 25, 2024, the court reporter filed a notice of late record reflecting she has not prepared the record because she is unclear on appellant's indigency status and no order setting a hearing has been submitted to the trial court as of that date.
Absent a clerk's record, this court cannot ascertain its jurisdiction. However, this court cannot obtain a clerk's record until appellant's indigency status is resolved. We, therefore, GRANT IN PART the motion as follows:
We ORDER the trial court to file with the trial court clerk no later than September 19, 2024 a written order ruling on appellee's indigency status compliant with Texas Rule of Civil Procedure 145(f). This appeal is ABATED until (1) a clerk's record is filed with this court containing the trial court's signed order or (2) further order of this court.
If the trial court determines appellant is not indigent and appellant intends to challenge the trial court's ruling, appellant must file a motion compliant with Texas Rule of Civil Procedure 145(g) within ten (10) days after the trial court's order is signed (unless extended as authorized by the rules). See Tex. R. Civ. P. 145(g)(2).
If the trial court determines appellant is not indigent and appellant does not intend to challenge the trial court's ruling, the clerk's record and reporter's record shall be due no later than twenty (20) days after the trial court's order is signed.
If the trial court determines appellant is indigent, the clerk's record and reporter's record shall be due no later than twenty (20) days after the trial court's order is signed.
All relief not expressly granted is DENIED. The court reporter's July 25, 2024 notification of late record is DENIED AS MOOT.