Opinion
04-23-00665-CV
04-16-2024
Alison MAYNARD and Richard Carlisle, Appellants v. William R. LUCERO and Jacob Vos, Appellees
From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2023-CI-11772 Honorable Tina Torres, Judge Presiding.
ORDER
Irene Rios, Justice.
Appellant Alison Maynard has requested the preparation of a supplemental clerk's record containing a July 26, 2023 "Correction to Statement of Facts and New Exhibit." On March 25, 2024, we ordered Ms. Maynard to provide written proof that she had paid the district clerk's fee to prepare that supplemental record by April 1, 2024. In our order, we notified Ms. Maynard that if she did not file satisfactory written proof of payment in accordance with our order, appellants' briefs would be due by April 24, 2024.
On March 29, 2024, Ms. Maynard filed a written objection to our March 25 order. In her objection, she contends that she has already paid a total of $587.55 for the previously filed clerk's record and supplemental clerk's record, and she argues that fee was "more than enough to cover the" preparation of the July 26, 2023 "Correction to Statement of Facts and New Exhibit."
The records before this court show that Ms. Maynard paid $525 for the preparation of the original clerk's record and $50 for the preparation of a supplemental clerk's record. The number of pages in the original clerk's record and the supplemental clerk's record are consistent with these fees. Accordingly, we disagree with Ms. Maynard's assertion that the fees she has already paid were sufficient to require the district clerk to prepare the July 26, 2023 "Correction to Statement of Facts and New Exhibit."
A receipt Ms. Maynard filed in this court shows that the additional $12.55 she refers to in her objection is a convenience fee charged by the district clerk's office, not a document preparation fee.
Ms. Maynard also contends that in a February 26, 2024 order, we noted she had filed a Statement of Inability to Afford Court Costs in this case. Based on this statement, she argues she should not be required to pay for the supplemental clerk's record she requested. This statement in our February 26 order was incorrect. While Ms. Maynard has filed a Statement of Inability to Afford Court Costs in two other appeals pending in this court, she has not filed such a statement in this appeal. Furthermore, we note that even if Ms. Maynard had filed a Statement of Inability to Afford Court Costs in this appeal, that statement would only permit us to relieve her of her duty to pay "filing fees and any other fee charged by the appellate court." See Tex. R. App. P. 20, cmt. to 2016 change (emphasis added). Questions regarding an appellant's ability to pay for the appellate record must be resolved in the trial court in accordance with Texas Rule of Civil Procedure 145. See Tex. R. App. P. 20.1(a); Tex. R. Civ. P 145.
For these reasons, we conclude appellants have not complied with our March 25, 2024 order requiring them to provide written proof that they paid the district clerk's fee to prepare the supplemental clerk's record Ms. Maynard requested. Appellants' briefs are therefore due by April 24, 2024.