Opinion
NO. 14-17-00384-CV
11-03-2017
MIDTOWN PARK DEVELOPMENT LTD, PAUL T. YOUNG AND HORIZON 2003, LLC, Appellants v. LOUIS F. GOZA, Appellee
On Appeal from the 212th District Court Galveston County, Texas
Trial Court Cause No. 14-CV-0010
ABATEMENT ORDER
The reporter's record was originally due in this case on June 6, 2017. The record has not been filed. The court reporter has informed the court that appellant has not paid or made arrangements to pay the reporter's fee to prepare the reporter's record. See Tex. R. App. P. 37.3(c)(2)(A). This court is unaware whether appellant is entitled to proceed without the payment of costs. See Tex. R. App. P. 37.3(c)(2)(B).
The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). The clerk's record contains a statement of inability to afford payment of court costs or an appeal bond filed May 10, 2017 in the trial court. "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). "Costs" includes fees charged by the court reporter for preparation of the appellate record. Tex. R. Civ. P. 145(c). There is no contest or trial court order regarding the statement included in the clerk's record filed with this court.
On July 25, 2017, Jennifer Hall, official court reporter for the 212th District Court, filed an objection to appellant's statement of inability to afford payment of costs. The document suggests that it was filed in the trial court. Accordingly, we enter the following order. See Tex. R. App. P. 35.3(c).
We ORDER the judge of the 212th District Court to immediately conduct a hearing at which the court reporters, appellants, appellants' counsel, if any, and appellee's counsel shall participate, either in person or by video teleconference, to determine whether appellants are indigent and, thus entitled to a free record. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. The transcribed record of the hearing, the court's findings and conclusions, and a videotape or compact disc, if any, containing a recording of the video teleconference shall be filed with the clerk of this court on or before December 4, 2017.
Alternatively, if a determination as to appellants' indigence has previously been made, the judge of the 212th District Court shall order the trial clerk to forward a supplemental clerk's record containing the ruling as to appellant's indigence. The supplemental record shall be filed with the clerk of this court on or before December 4, 2017.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.
PER CURIAM