in the Interest of E.I.W.

Court of Appeals of Texas

in the Interest of E.I.W.

DecidedJune 7, 2021

Docket04-21-00097-CV

StatusPublished

This text of in the Interest of E.I.W. (in the Interest of E.I.W.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Interest of E.I.W., (Tex. Ct. App. 2021).

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Opinion

Fourth Court of Appeals San Antonio, Texas June 7, 2021

No. 04-21-00097-CV

IN THE INTEREST OF E.I.W.

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI20395 Honorable Cynthia Marie Chapa, Judge Presiding

ORDER Appellant Wesley Wetz has filed a notice of appeal from the trial court’s order modifying the parent-child relationship. Court reporters Judy Stewart and Judy Busbee-Mata have filed notification of late reporter’s records stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the reporter’s record. On March 1, 2021, the appellant filed a Statement of Inability to Afford Payment of Court Costs in the trial court. We construe the notifications of late reporter’s record filed by court reporters Stewart and Busbee-Mata as motions under Texas Rule of Civil Procedure 145(f)(3).

We ORDER the trial court to set and give ten days’ notice of an oral hearing on the Rule 145(f)(3) motion. See TEX. R. CIV. P. 145(f)(5). 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)(6). Any hearing must be held no later than July 7, 2021, and a supplemental record containing the court’s order and any findings must be filed in this court within three days of the hearing.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas June 7, 2021

No. 04-21-00097-CV

IN THE INTEREST OF E.I.W.

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI20395 Honorable Cynthia Marie Chapa, Judge Presiding

ORDER Appellant Wesley Wetz has filed a notice of appeal from the trial court’s order modifying the parent-child relationship. Court reporters Judy Stewart and Judy Busbee-Mata have filed notification of late reporter’s records stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the reporter’s record. On March 1, 2021, the appellant filed a Statement of Inability to Afford Payment of Court Costs in the trial court. We construe the notifications of late reporter’s record filed by court reporters Stewart and Busbee-Mata as motions under Texas Rule of Civil Procedure 145(f)(3).

We ORDER the trial court to set and give ten days’ notice of an oral hearing on the Rule 145(f)(3) motion. See TEX. R. CIV. P. 145(f)(5). 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)(6). Any hearing must be held no later than July 7, 2021, and a supplemental record containing the court’s order and any findings must be filed in this court within three days of the hearing.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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in the Interest of E.I.W., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-eiw-texapp-2021.