Opinion
04-24-00629-CV
10-25-2024
IN THE ESTATE OF CHRISTINA RODRIGUEZ-MARES, Deceased
From the Probate Court No 1, Bexar County, Texas Trial Court No. 2023PC03191 Honorable Oscar J. Kazen, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
On October 21, 2024, the trial court reporter filed a notification of late record, notifying this court that the reporter's record was not filed when it was originally due because the appellant Jose F. Valadez is not entitled to appeal without paying the fee, and the appellant has failed to pay or make arrangements to pay the reporter's fee for preparing the record.
The clerk's record shows that on September 6, 2023, appellant filed a "Statement of Inability to Afford Payment of Court Costs or an Appeal Bond." See TEX. R. CIV. P. 145(b). No contest was filed with respect to this statement in the trial court. See id. R. 145(e). No defects in the statement were identified by the trial court's clerk, see id. R. 145(c), and the trial court did not order Valadez to pay costs. See id. R. 145(f).
Fees charged for preparation of the appellate record are governed by Rule 145 of the Texas Rules of Civil Procedure. See TEX. R. APP. P. 20.1(a). Rule 145 provides that, when a party has filed a statement of inability to pay, that party must not be ordered to pay costs unless certain procedural requirements have been satisfied. See TEX. R. CIV. P. 145(f). Those requirements include an oral evidentiary hearing, a notice of the hearing, and an order requiring payment of costs. See id. at R. 145(f)(1), (4). Because the clerk's record shows that these requirements have not been satisfied, Rule 145 provides that Valadez may proceed without paying costs, which include the fee for preparation of the appellate record. See id. at R. 145(a), (f).
Therefore, we ORDER the court reporter to file the reporter's record, at no cost to Valadez, no later than November 8, 2024..