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In re H. N. H.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Nov 14, 2017
No. 08-17-00233-CV (Tex. App. Nov. 14, 2017)

Opinion

No. 08-17-00233-CV

11-14-2017

In the Interest of H. N. H., a Child, Appellant.


Appeal from the 388 District Court of El Paso County, Texas (TC# 2010CM1478) ORDER

Appellant filed her notice of appeal from the order terminating her parental rights in the above-styled and numbered cause. On April 11, 2017, Appellant filed a statement of inability to pay costs. See TEX.R.CIV.P. 145. Rule 145 governs a party's claim that the party is unable to afford costs for preparation of the appellate record. TEX.R.CIV.P. 145; TEX.R.APP.P. 20.1, cmt. The court reporter, Robert J. Thomas, filed an affidavit stating that he is challenging Appellant's statement of inability to pay costs on appeal. See TEX.R.CIV.P. 145(3)(permitting court reporter, when declarant requests preparation of the reporter's record, to move to require declarant to prove inability to pay costs). We conclude that it is necessary for the trial court to conduct a hearing as contemplated by Rule 145.

It is therefore ordered that the trial court conduct a hearing to determine whether Appellant is able to afford to pay for the appellate record. The hearing should be conducted as soon as practicable, but Appellant must be given ten days' notice of the hearing. See TEX.R.CIV.P. 145. After the hearing is concluded, the trial court must make findings as required by Rule 145(f)(6). In the event that the trial court finds that Appellant can afford to pay costs, Appellant can challenge that ruling by motion filed in this Court pursuant to TEX.R.APP.P. 145(g) no later than ten days after the order is signed. The trial court shall forward its order to the District Clerk of El Paso County, Texas as soon as practicable after the hearing, but no later than three days after the order is signed. The District Clerk shall prepare and forward a supplemental clerk's record containing the order to this Court as soon as possible, but no later than five days after the trial court files the order. It will not be necessary for the court reporter to file a record of the hearing unless the trial court rules that Appellant is able to afford to pay for the appellate record. All appellate deadlines shall be suspended pending resolution of these issues. The Court will issue an order reestablishing the appellate deadlines.

IT IS SO ORDERED this 14 day of November, 2017.

PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.


Summaries of

In re H. N. H.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Nov 14, 2017
No. 08-17-00233-CV (Tex. App. Nov. 14, 2017)
Case details for

In re H. N. H.

Case Details

Full title:In the Interest of H. N. H., a Child, Appellant.

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Nov 14, 2017

Citations

No. 08-17-00233-CV (Tex. App. Nov. 14, 2017)