Opinion
NO. 14-16-00619-CV
10-13-2016
DORA LINDA RODRIGUEZ AND FRANCISCO RODRIGUEZ, Appellants v. OVATION SERVICE, LLC, Appellee
On Appeal from the 333rd District Court Harris County, Texas
Trial Court Cause No. 2014-41901
ABATEMENT ORDER
Appellants were not permitted to proceed without payment of costs in the trial court. On September 23, 2016, appellants filed in this court a motion to show material change in financial circumstances. See Tex. R. App. P. 20.1(b)(3). According to appellants' motion, on October 16, 2014, the trial court sustained the district clerk's contest to appellants' pauper's oaths. Texas Rule of Appellate Procedure 20.1(b)(3)(B) provides that this court may decide such a motion based on the record or refer the motion to the trial court with instructions to hear evidence and issue findings of fact.
No record has been filed. Therefore, we ORDER the trial court to hear evidence on appellants' motion and make written findings of fact as to whether appellants' financial circumstances have materially changed since the date of the trial court's order sustaining the district clerk's contest.
The trial court is directed to reduce to writing its findings of fact and have a supplemental clerk's record containing those findings filed with the clerk of this court on or before November 14, 2016. The court reporter is directed to file a record of the hearing on or before November 14, 2016.
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 the hearing record are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party.
PER CURIAM