Opinion
09-22-00104-CV
06-03-2022
IN THE INTEREST OF O.D. AND A.D.-A.
On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 20-08-09148-CV
Before Golemon, C.J., Kreger and Johnson, JJ.
ORDER
PER CURIAM
On May 2, 2022, the trial court signed a final order in this parental-rights termination case. Appellant, who appeared in the trial court as an intervenor, filed a notice of appeal and a statement of inability to afford payment of costs. After a hearing, the trial court signed an Order to Pay Costs that included findings that appellant can afford to pay costs, that his monthly income exceeds his expenses by $267, and that he has three vehicles, two of which are non-operable and worth $1,000 total, and that appellant has the ability to pay $700 for a down payment and $150 per month for the record. The trial court ordered appellant to pay a $700 down payment to the court reporters and $150 per month until the record is paid in full. The trial court ordered that the court reporters were not required to prepare the record until appellant paid the court-ordered down payment.
Appellant timely filed a motion for review of the trial court's May 27, 2022, Order to Pay Costs. He argues the trial court abused its discretion by ordering him to pay a $700 down payment when the evidence in the hearing showed he has only $267 per month available to pay for the record. However, the record shows appellant had non-exempt assets that he could sell to satisfy the down payment for the record.
On this record, we conclude that the trial court did not abuse its discretion by finding that appellant failed to carry his burden under Rule 145 and that appellant is able to afford payment in installments. See Tex. R. Civ. P. 145(f). We deny appellant's motion to challenge and affirm the trial court's order to pay costs. See Tex. R. Civ. P. 145(g). When appellant pays the down payment to the court reporters, the appellate record must be prepared and filed without delay. See Tex. R. Civ. P. 145(f)(3). The record is due on or before June 23, 2022.
ORDER ENTERED.