Opinion
NO. 14-17-00212-CV
04-13-2017
D. PATRICK SMITHERMAN, Appellant v. JERRY BRICE, Appellee
On Appeal from the County Civil Court at Law No. 4 Harris County, Texas
Trial Court Cause No. 1087682
ABATEMENT ORDER
Appellant was not permitted to proceed without payment of costs in the trial court. On April 6, 2017, appellant filed in this court a statement of inability to afford payment of court costs or an appeal bond. See Tex. R. App. P. 20.1(b)(3). According to appellant's letter he cannot afford to pay this court's filing fee. 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 appellant's statement of inability to afford payment of costs and make written findings of fact as to whether appellant's financial circumstances have materially changed since the trial court proceedings.
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 May 15, 2017. The court reporter is directed to file a record of the hearing on or before May 15, 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 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