in the Interest of M.D.B.

• Court: Court of Appeals of Texas
• Decided: August 8, 2018
• Docket: 09-18-00257-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00257-CV ____________________

IN THE INTEREST OF M.D.B. _______________________________________________________ ______________

On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-227,217-A ________________________________________________________ _____________

ORDER

On July 2, 2018, appellant, Michael David Bellow Jr., filed a notice of appeal

from the trial court’s judgment signed on April 3, 2018. On August 2, 2018, the trial

court clerk notified the Court that no payment arrangements had been made for

preparation of the clerk’s record. On August 3, 2018, appellant filed a statement of

inability to afford payment of court costs. We abate this appeal and remand the cause

to the trial court for a determination of the appellant’s ability to afford payment of

court costs under Rule 145 of the Texas Rules of Civil Procedure. See Tex. R. Civ.

P. 145.

Any motion to require appellant to pay costs or to require appellant to prove

1 his inability to afford costs must be filed in the trial court by the appropriate party in

accordance with Rule 145. See id. R. 145(f)(1)-(4). If necessary, the trial court shall

conduct a hearing and make appropriate orders. See id. R. 145(f)(5)-(7). Any

documents filed and orders signed pursuant to Rule 145 shall be forwarded to this

Court for filing as a supplemental record no later than August 28, 2018.

Alternatively, a party, the trial court clerk, or the court reporter may file a status

report informing this Court that additional time is needed for a determination under

Rule 145. In the absence of a request for additional time, this appeal will

automatically reinstate on August 28, 2018. Upon reinstatement, if an order

requiring appellant to pay costs has not been signed, appellant will be entitled to

proceed without payment of costs associated with this appeal. See id. R. 145(a).

ORDER ENTERED August 8, 2018.

PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.