Opinion
09-23-00168-CV
01-03-2024
JONATHAN DAVID JARRETT, Appellant v. TIFFANY MARIE JARRETT, Appellee
On Appeal from the 1A District Court Tyler County, Texas Trial Cause No. 25,872
Before Golemon, C.J., Horton and Johnson, JJ.
ORDER
PER CURIAM
Jonathan David Jarrett, Appellant, filed a motion for appellate review of the trial court's order of September 15, 2023, which denied Appellant's request to have the court reporters prepare the reporter's record without payment of costs after an evidentiary hearing on Appellant's ability to afford to pay for the record. See Tex. R. Civ. P. 145(g). The trial court found the reporter's record will cost $1,600.00.
Appellant did not have indigent status while he was before the trial court, but first claimed he could not afford payment of court costs after he perfected an appeal.
In the statement of inability to afford payment of costs that was admitted as evidence at the hearing, Appellant stated he has monthly income of $3,454.37 and monthly expenses of $3,923.06. Appellant produced no supporting documentation in the hearing, but the record shows that Appellant had non-exempt assets, including motor vehicles, of a value sufficient to cover the cost of the reporter's 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. See id. 145(f). We deny Appellant's motion to challenge and affirm the trial court's order to pay costs. See id. 145(g). Appellant shall pay or make satisfactory arrangements to pay for preparation of the reporter's record within 30 days of the date of this Order. His failure to pay or make arrangements to pay that are satisfactory with the court reporter will result in the appeal being submitted without a reporter's record. See Tex. R. App. P. 37.3(c).
ORDER ENTERED.