Opinion
11-24-00128-CV
08-30-2024
JOSHUA THOMAS JOHNSON, Appellant v. ALICIA ANETTE JOHNSON, Appellee
On Appeal from the 16th District Court Denton County, Texas Trial Court Cause No. 22-4834-16
This appeal was transferred to this court from the Second Court of Appeals pursuant to a docket equalization order issued by the Texas Supreme Court. See Tex. Gov't Code Ann. § 73.001 (West Supp. 2023). We decide this case in accordance with the precedent of the Second Court of Appeals under the principles of stare decisis. Tex.R.App.P. 41.3.
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
This appeal arises from the trial court's final decree of divorce. Appellant, Joshua Thomas Johnson, filed his pro se notice of appeal on April 5, 2024. He subsequently filed in the trial court a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond on a form promulgated by the Texas Supreme Court. See Tex. R. Civ. P. 145. A party who files a statement of inability to afford costs cannot be required to pay costs, such as the fee for the reporter's record, unless certain procedural requirements have been satisfied. See id. R. 145(a), (f).
The court reporter in this cause has informed this court that he wishes to contest Appellant's statement of inability to afford costs. In order to permit the court reporter to file a contest of Appellant's statement of inability to afford costs, we abate this appeal until October 1, 2024 and remand this case to the trial court to consider the court reporter's stated intent to contest Appellant's statement of inability to afford costs. See id. R. 145(e), (f); see also Tex. R. App. P. 20.1(b)(3). In the event the court reporter files a motion contesting Appellant's statement of inability to afford costs in accordance with Rule 145(e)(1), the trial court is directed to comply with the requirements of Rule 145(f) by conducting an oral evidentiary hearing and by giving Appellant ten days' notice of the hearing. An order by the trial court requiring Appellant to pay costs must comply with the requirements of Rule 145(f).
The trial court clerk is directed to file a supplemental clerk's record by October 1, 2024, containing any contest filed to Appellant's statement of inability to afford court costs as well as any decision and findings by the trial court on the contest. The parties are directed to refer to Rule 145 of the Texas Rules of Civil Procedure with respect to the appeal of any decision by the trial court sustaining the contest of Appellant's statement of inability to afford costs, including the preparation of the reporter's record from the hearing on the contest.
The deadline by which the court reporter must file any reporter's records other than that pertaining to the determination of Appellant's status as indigent are stayed until further order of this court.
This appeal is abated until October 1, 2024 and will be reinstated on that date.