John Robert Lovett Jr. v. Jayde Torres

• Court: Court of Appeals of Texas
• Decided: April 30, 2020
• Docket: 09-20-00101-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-20-00101-CV _________________

JOHN ROBERT LOVETT JR., Appellant

V.

JAYDE TORRES, Appellee ________________________________________________________________________

On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. CV15,799 ________________________________________________________________________

ORDER

John Robert Lovett Jr., appellant, filed a notice of appeal from the trial court’s

judgment. On April 28, 2020, Lovett filed a statement of inability to afford payment

of court costs. It appears the trial court has not previously determined whether

appellant can afford payment of court costs.

We abate this appeal and remand the cause to the trial court for a

determination of appellant’s ability to afford payment of court costs under Rule 145 1 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 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 June 1, 2020. 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 June 1, 2020. Upon reinstatement,

if an order requiring appellant to pay costs has not been signed, the appellant will be

entitled to proceed without payment of costs associated with this appeal. See id. R.

145(a).

ORDER ENTERED April 30, 2020. PER CURIAM

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