Opinion
04-23-01068-CV
02-22-2024
Kenneth THOMAS, Appellant v. ASCENT AT MEDICAL, Appellee
From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2023CV05272 Honorable David J. Rodriguez, Judge Presiding
ORDER
LIZA A. RODRIGUEZ, JUSTICE
On December 7, 2023, Appellant Kenneth Thomas filed a pro se notice of appeal. The clerk's and reporter's records were due on February 5, 2024, but have not been filed. We note that on December 7, 2023, appellant filed a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond.
We ORDER the clerk of this court to send a copy of appellant's Statement of Inability to Afford Payment of Court Costs or an Appeal Bond to the parties, the trial court clerk, the court reporter, and the trial court.
If a party, the trial court clerk, or the court reporter seeks to require appellant to pay the costs to prepare the clerk's record and/or the reporter's record, we ORDER they must file a motion in accordance with Texas Rule of Civil Procedure 145(e). The motion must be filed in the trial court and a copy must be filed with this court not later than March 4, 2024. If a complying motion is not filed by the date ordered, the trial court clerk and/or court reporter will be required to prepare and file the record without payment of the costs.
If a Rule 145(e) motion is timely filed, we ORDER the trial court to immediately set and give ten days' notice of an oral hearing on the motion. See Tex. R. Civ. P. 145(f). If the trial court orders appellant to pay any part of the costs, the court must make detailed findings that appellant can afford to pay them. See id. 145(f)(2). Any hearing must be held not later than March 25, 2024, and a supplemental record containing the court's order and any findings must be filed in this court within three days of the hearing.