Opinion
No. 04-17-00410-CV
10-06-2017
Henry MCCALL, Appellant v. Homer HILLIS, Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 14417
Honorable N. Keith Williams, Judge Presiding
ORDER
On September 28, 2017, we ordered appellant, who is pro se, to provide written proof that he has requested the court reporter to prepare the reporter's record in accordance with Texas Rule of Appellate Procedure 34.6(b). Appellant has filed a copy of a letter he sent to the trial court requesting preparation of the reporter's record from the court reporter.
We note that the clerk's record reflects that on June 22, 2017, appellant filed a statement of inability to afford payment of court costs or an appeal bond. See TEX. R. APP. P. 20.1(b)(1). The clerk's record does not reflect that the trial court overruled appellant's claim of indigence in an order that complies with Texas Rule of Civil Procedure 145. See TEX. R. APP. P. 20.1(b)(1). On July 16, 2017, court reporter Dandy Middleton filed a notification of late reporter's record contesting appellant's claim of indigence. See TEX. R. CIV. P. 145(f)(3) ("When the declarant requests the preparation of a reporter's record but cannot make arrangements to pay for it, the court reporter may move to require the declarant to prove the inability to afford costs.").
We therefore abate this appeal and ORDER the trial court hold a hearing on or before November 6, 2017 in accordance with Texas Rule of Civil Procedure 145(f)(5),(6). We further ORDER the trial court to file its findings on or before November 20, 2017. We ORDER the trial court to file a supplemental clerk's record containing the trial court's findings on or before December 5, 2017.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court