Sebra Gonzalez v. Marco Gonzalez

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS §

SEBRA GONZALEZ, § No. 08-19-00116-CV

Appellant, § Appeal from the

v. § 383rd District Court

MARCO GONZALEZ, § of El Paso County, Texas

Appellee. § (TC# 2016DCM1045)

ORDER

On May 10, 2019, Appellant, Sebra Gonzalez, filed with the trial court a Statement of

Inability to afford to pay costs on appeal, and on May 29, 2019, Appellant filed a Corrected

Statement of Inability to afford to pay cost on appeal. See TEX.R.CIV.P. 145. The Court provided

the court reporter, clerk, and Appellee an opportunity to contest that Statement of Inability. Both

the court reporter, Anne M. Clark, and Appellee have filed challenges pursuant to Rule 145. We

conclude that it is necessary for the trial court to conduct a hearing as contemplated by Rule 145.

It is therefore ordered that the trial court conduct a hearing to determine whether Appellant is able

to afford to pay costs on appeal, including the record. The hearing should be conducted as soon

as practicable, but Appellant must be given ten days’ notice of the hearing. See TEX.R.CIV.P. 145.

The trial court must issue an order which complies with TEX.R.CIV.P. 145(f)(6). In the

event that the trial court finds that Appellant can afford to pay costs, Appellant is permitted to

challenge that ruling by motion filed in this Court pursuant to TEX.R.APP.P. 145(g) no later than

1 ten days after the order is signed. The trial court shall forward its order to the District Clerk of El

Paso County, Texas as soon as practicable after the hearing, but no later than three days after the

order is signed. The District Clerk shall prepare and forward a supplemental clerk’s record

containing the order to this Court as soon as possible, but no later than five days after the trial court

files the order. It will not be necessary for the court reporter to file a record of the hearing unless

the trial court rules that Appellant is able to afford to pay for the reporter’s record. All appellate

deadlines shall be suspended pending resolution of these issues. The Court will issue an order

reestablishing the appellate deadlines.

IT IS SO ORDERED this 4th day of June, 2019.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.