Opinion
NUMBER 13-17-00083-CV
05-31-2017
IN THE INTEREST OF K.M., I.M., AND K.M., CHILDREN
On appeal from the 92nd District Court of Hidalgo County, Texas.
ORDER
Before Justices Contreras, Benavides, and Longoria
Order Per Curiam
Appellant, Jesus Mendoza, appeals from an "Order in Suit for Modification of Support Order and to Confirm Support Arrearage." This cause is before the Court on appellant's motion for a free appellate record and motion to appear by phone. Appellant is proceeding pro se and states he does not have the means to pay the fees and costs of the appellate record.
The clerk's record reflects appellant filed an affidavit of inability to pay costs on April 1, 2016, and does not reflect that a contest was filed. Appellant filed an affidavit of indigency and motion to proceed without payment of fees and costs with his notice of appeal on February 3, 2017.
Texas Rule of Civil Procedure 145 governs a party's claim that the party is unable to afford costs for preparation of the appellate record. See TEX. R. CIV. P. 145. A party who filed a statement of inability to afford payment of court costs cannot be required to pay costs except by order of the court. See id. R. 145(a). Costs are defined to include "fees charged by the clerk or court reporter for preparation of the appellate record." Id. R. 145(c). Texas Rule of Appellate Procedure 20.1(b)(1) provides that when a party files a statement of inability to afford payment of court costs in the trial court, the party is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence by order under Texas Rule of Civil Procedure 145. See TEX. R. APP. P. 20.1(b)(1).
Accordingly, having fully examined appellant's motion and the record before us, it is hereby ORDERED that a free appellate record be prepared and made available to appellant. Appellant's motion to appear by phone is CARRIED WITH THE CASE.
PER CURIAM Delivered and filed the 31st day of May, 2017.