Opinion
Appellate case number: 01-17-00450-CV
08-24-2017
Stephen Manley v. Love's Travel Stop
ORDER Trial court case number: 1091895 Trial court: County Civil Court at Law No. 4 of Harris County
The court reporter advised that appellant Stephen Manley had not made payment arrangements for the filing of the reporter's record. This court issued a notice regarding appellant's failure to make payment arrangements, and also notified him that the filing fee is past due.
Appellant filed an affidavit of indigence, but it does not contain the information currently required by the rules.
Fees charged for the appellate record are governed by Rule 145. See TEX. R. APP. P. 20.1(a). Rule 145 requires a declarant to use the form Statement of Inability to Afford Payment of Court Costs, which has been approved by the Supreme Court. See TEX. R. CIV. P. 145(a)-(b).
Accordingly, if appellant wishes to proceed without payment of costs or for the fees for preparation of the appellate record, he must comply with Rule 145(b), which requires the filing of a Statement of Inability in the trial court. See TEX. R. CIV. P. 145(b). A form Statement of Inability is attached to this order. If appellant files a completed Statement of Inability in compliance with Rule 145 in the trial court, he must request the preparation and filing of a supplemental clerk's record within 14 days of the date of this order, containing this Statement of Inability.
If appellant does not advise this Court that he has filed in the trial court a Statement of Inability, we may dismiss the appeal for failure to pay the filing fee. See TEX. R. APP. P. 5 (allowing enforcement of rule); TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal of case).
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[×] Acting individually [ ] Acting for the Court Date: August 24, 2017
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