Opinion
04-21-00416-CV
11-18-2021
Kimi-Lyn MURRAY, Appellant v. Phillip MURRAY, Appellee
From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-19449 The Honorable Monique Diaz, Judge Presiding
ORDER
BETH WATKINS, JUSTICE
On March 22, 2021, appellant filed a statement of inability to afford payment of court costs in the trial court. See Tex. R. Civ. P. 145(a). The clerk's record does not contain an order from the trial court overruling appellant's statement, and nothing in our records indicates the court conducted a hearing on that issue. See id. R. 145(f) (party who files a statement of inability to pay "must not be ordered to pay costs" without notice and a hearing and "detailed findings that the declarant can afford to pay costs"). On July 2, 2021, the trial court signed a final judgment, and on September 30, 2021, appellant timely filed her notice of appeal. On October 21, 2021, appellant filed a second statement of inability to afford payment of court costs in the trial court.
On November 17, 2021, Mary Oralia Berry, one the court reporters in this case, filed a notification of late record stating that she does not believe her portion of the record "is pertinent to the portions of the record [appellant] has designated in her appeal." Ms. Berry alleges that it would "place[] an undue burden on [her] to produce the record at no cost," and she states she "would like to file a motion to contest" appellant's statement of inability to afford payment of court costs.
The Texas Rules of Appellate Procedure do not give us authority to overrule an appellant's claim of inability to pay fees for preparing the appellate record. See Tex. R. App. P. 20, cmt. to 2016 change. Accordingly, if Ms. Berry wishes to contest appellant's statement of inability to afford payment of court costs, we ORDER her to file a motion in the trial court that complies with Texas Rule of Civil Procedure 145 by November 29, 2021. If Ms. Berry files such a motion in the trial court, we further ORDER her to notify this court in writing of that filing by December 1, 2021. If Ms. Berry does not file a motion in the trial court and notify us of that filing by the dates specified in this order, we will assume she has abandoned her contest to the appellant's statement of inability to afford payment of court costs, and her volume of the reporter's record must be filed in this court by December 20, 2021