Santiago Cruz v. Danielle Jannette Cruz

Court of Appeals of Texas·Decided March 7, 2019·No. 14-19-00016-CV·Published

Opinion

Order filed March 7, 2019

In The

Fourteenth Court of Appeals ____________

NO. 14-19-00016-CV ____________

SANTIAGO CRUZ, Appellant

V.

DANIELLE JANNETTE CRUZ, Appellee

On Appeal from the 312th District Court Harris County, Texas Trial Court Cause No. 2017-77407

ORDER

The record before this court reflects that appellant filed a Statement of Inability to Afford Payment of Costs in the trial court on January 10, 2019. On January 14, 2019, Barbara K. Nagji, the court reporter, filed a contest to appellant’s statement of inability.

A party who filed a Statement of Inability to Afford Payment of Court Costs in the trial court is not required to pay costs in the appellate court unless the trial court overruled the party’s claim of indigence in an order that complies with Texas Rule of Civil Procedure 145. Tex. R. App. P. 20.1(b)(1). The clerk’s record in this appeal, filed February 19, 2019, does not contain the trial court’s ruling on the court reporter’s contest to appellant’s statement of inability to afford payment of costs.

Therefore, we order the Harris County District Clerk and the court reporter for the 312th District Court to prepare and file with this court the record of all trial court proceedings on appellant’s claim of indigence including the trial court’s order on the court reporter’s contest. See Tex. R. Civ. P. 145(f)(3). The record must be provided without charge and filed with this court on or before April 4, 2019.

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Santiago Cruz v. Danielle Jannette Cruz, (Tex. Ct. App. 2019).

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