Opinion
09-23-00168-CV
11-15-2023
JONATHAN DAVID JARRETT, Appellant v. TIFFANY MARIE JARRETT, Appellee
On Appeal from the 1A District Court Tyler County, Texas Trial Cause No. 25,872
Before Golemon, C.J., Horton and Johnson, JJ.
ORDER
PER CURIAM
Jonathan David Jarrett, Appellant, filed a motion for appellate review of the trial court's orders of September 15, 2023, which denied Appellant's request to have the court reporters prepare the record without payment of costs after an evidentiary hearing on Appellant's ability to afford to pay for the record. See Tex. R. Civ. P. 145(g). Jarrett did not have indigent status while he was before the trial court, but first claimed he could not afford payment of court costs after he perfected an appeal. In the statement of inability to afford payment of costs that was admitted in evidence at the hearing, Jarrett stated he has monthly income of $3,454.37 and monthly expenses of $3,923.06. The record does not indicate how much the reporters' record will cost.
No written contest supported by sworn evidence appears in the record. See id. 145(e)(1), (g)(3). However, the trial court may on its own motion require the declarant to prove the inability to afford costs when evidence is before the court that the declarant may be able to afford costs. See id. 145(e)(2). Jarrett failed to disclose any non-exempt assets in his statement but the trial court awarded Appellant four vehicles, a camper, and a golf cart in the divorce, including a 2011 Chevrolet Equinox that was worth approximately $11,000 at the time of the trial.
In his motion for review, Appellant complains that the trial court failed to make findings of fact supporting Appellant's ability to pay. "An order requiring a declarant to pay costs must be supported by detailed findings that the declarant can afford to pay costs." Id. 145(f)(2).
The trial court's orders lack the detailed findings that Rule 145(f)(2) requires. See id. Accordingly, we direct the trial court to reduce to writing its findings of fact on its orders that Appellant can afford to pay for the reporters' record. A supplemental clerk's record containing the trial court's findings shall be filed with the Clerk of the Court of Appeals by November 30, 2023.
ORDER ENTERED.