Opinion
Appellate case number: 01-16-00726-CV
10-03-2017
Onas Jamal v. Woodbridge Crossing
ORDER Trial court case number: 1081258 Trial court: County Civil Court at Law No. 1 of Harris County
The appellate record was due in this court on November 11, 2016. See TEX. R. APP. P. 35.1. The court reporter informed this court that no reporter's record was taken. Accordingly, appellant's brief was timely filed on December 7, 2016. See TEX. R. APP. P. 38.6(a).
The court reporter subsequently informed this court that a reporter's record actually was taken, but that appellant had not requested or made financial arrangements for the filing of the record. She requested "clarification" on appellant's "indigency status," noting: "His filing looks incomplete."
Final judgment in the trial court was entered on September 12, 2016. Fees charged for preparation of the appellate record are governed by Rule 145 of the Rules of Civil Procedure. TEX. R. APP. P. 20.1(a). As amended effective September 1, 2016, the rule provides: "A party who files a Statement of Inability to Afford Payment of Court Costs cannot be required to pay costs except by order of the court as provided by this rule." TEX. R. CIV. P. 145(a).
In the justice court, on July 27, 2016, the appellant filed a "Sworn Statement of Inability to Pay Costs for Appeal (Evictions)," conforming to the requirements of Property Code section 24.0052(a) (tenant appeal on pauper's affidavit). No contest was filed with respect to this statement, in either the justice court or the trial court. See TEX. R. CIV. P. 502.3(d). No defects in the statement were identified by the clerk or any party. See TEX. R. CIV. P. 145(d). No motion was filed in the trial court to require the appellant to pay costs, nor did the trial court enter any order requiring appellant to pay costs. See TEX. R. CIV. P. 145(f).
The "Statement of Inability to Pay Costs" filed in the justice court does not precisely conform to the form referenced in the new version of Rule 145, and it also reflects some facial defects (such as a lack of notarization), but as noted above, no procedure was invoked to contest the statement or correct its defects. As such, the general rule of Rule 145 applies: appellant "cannot be required to pay costs" except by order of the trial court as provided by the rule. See TEX. R. CIV. P. 145(a).
The court reporter is ordered to file the reporter's record, at no cost to appellant, on or before October 27, 2017. Upon the filing of the reporter's record, appellant may file a substitute brief.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: October 3, 2017