Opinion
Appellate case number: 01-17-00593-CV
10-03-2017
Christine E. Reule v. Sherwood Valley I Council of Co-Owners, Inc., George Henry Ramsey, III, Terry Frazee, Daniel Goldberg
ORDER OF ABATEMENT Trial court case number: 2016-37895 Trial court: 80th District Court of Harris County
On August 9, 2017, appellant, Christine E. Reule, filed a notice of appeal challenging the trial court's reversal of her indigency status. See TEX. R. CIV. P. 145(g)(1). The Clerk of this Court's August 15, 2017 notice requested that an indigent clerk's record be filed in this Court including, among other documents, a trial court's signed order ruling on the contest to the affidavit of indigence with findings of fact. See id. 145(f)(6), (g)(3), TEX. R. APP. P. 20.1(b)(1). On September 11, 2017, the trial court clerk filed the supplemental clerk's record on indigence in this Court including, among other documents, the trial court's order denying plaintiff's declaration of indigence, signed on August 24, 2017. On September 25, 2017, the court reporter filed a reporter's record of the pauper's oath challenge hearing, held on August 4, 2017, which indicates that the challenge was raised by the trial court.
A party who files a Statement of Inability to Afford Payment of Court Costs in the trial court will not have to pay costs except by order of the court. TEX. R. CIV. P. 145(a) (amended; effective September 1, 2016). The trial court may order a party to pay costs on the court's own motion. See id. 145(f)(4). After proper notice, the trial court must hold a hearing in which the burden is on the party asserting indigence. See id. 145(f)(5). The trial court's order requiring the party to pay costs must be supported by detailed findings. See id. 145(f)(6). The party may challenge the trial court's ruling by filing a motion in the appellate court within 10 days of the signing of the trial court's order. See id. 145(g)(1)-(2). After the party files a motion challenging the trial court's ruling, this Court must promptly order the filing of a supplemental clerk's record with all documents and a reporter's record of the hearing. See id. (g)(3). These records must be filed at no cost to appellant. See id.
After a review of the indigent clerk's record, the trial court has not included detailed findings of fact in its order as required by Rule 145(f)(6). Accordingly, the Court abates the appeal and remands this cause to the trial court for preparation of detailed findings supporting that court's order denying appellant's declaration of indigence, and that appellant can afford payment of appellate costs. Once the trial court has completed preparation of these findings, the trial court clerk shall file a supplemental clerk's record within 20 days of the date of this order containing the trial court's order with detailed findings concerning appellant's ability to afford costs.
This 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 supplemental clerk's and reporter's records are filed in this court. This 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.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: October 3, 2017