Unique Mica Green v. Shawntonya Lavinghousez

Court of Appeals of Texas

Unique Mica Green v. Shawntonya Lavinghousez

DecidedNovember 2, 2021

Docket14-21-00469-CV

StatusPublished

This text of Unique Mica Green v. Shawntonya Lavinghousez (Unique Mica Green v. Shawntonya Lavinghousez) 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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Unique Mica Green v. Shawntonya Lavinghousez, (Tex. Ct. App. 2021).

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Opinion

Order filed December 2, 2021

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00469-CV ____________

UNIQUE MICA GREEN, Appellant

V.

SHAWNTONYA LAVINGHOUSEZ, Appellee

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 109650-CV

ORDER

Appellant filed a pro se notice of appeal in this case on August 12, 2021. On August 21, 2021, appellant filed a statement of inability to afford payment of court costs in this case. This court deemed appellant indigent for purposes of the appellate filing fee only. See Tex. R. App. P. 20.1. This court further informed appellant that to obtain the clerk’s record without payment of costs, a party must file a statement of inability to afford payment of court costs in the trial court. See Tex. R. Civ. P. 145. The court reporter’s information sheet filed September 16, 2021, states that the reporter’s contest to appellant’s claim of indigence was sustained. It is therefore apparent that appellant filed a Statement of Inability to Afford Payment of Costs in the trial court. “A party who files a Statement of Inability to Afford Payment of Court Costs cannot be required to pay costs except by order of the court as provided by this rule.” See Tex. R. Civ. P. 145(a). Because the clerk’s record has not been filed, the record before this court does not reflect that appellant has been ordered to pay costs pursuant to Rule 145.

Therefore, we order the Brazoria County District Clerk and the court reporter for the 412th 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 December 2, 2021.

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Poissant.

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Order filed December 2, 2021

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00469-CV ____________

UNIQUE MICA GREEN, Appellant

V.

SHAWNTONYA LAVINGHOUSEZ, Appellee

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 109650-CV

ORDER

Appellant filed a pro se notice of appeal in this case on August 12, 2021. On August 21, 2021, appellant filed a statement of inability to afford payment of court costs in this case. This court deemed appellant indigent for purposes of the appellate filing fee only. See Tex. R. App. P. 20.1. This court further informed appellant that to obtain the clerk’s record without payment of costs, a party must file a statement of inability to afford payment of court costs in the trial court. See Tex. R. Civ. P. 145. The court reporter’s information sheet filed September 16, 2021, states that the reporter’s contest to appellant’s claim of indigence was sustained. It is therefore apparent that appellant filed a Statement of Inability to Afford Payment of Costs in the trial court. “A party who files a Statement of Inability to Afford Payment of Court Costs cannot be required to pay costs except by order of the court as provided by this rule.” See Tex. R. Civ. P. 145(a). Because the clerk’s record has not been filed, the record before this court does not reflect that appellant has been ordered to pay costs pursuant to Rule 145.

Therefore, we order the Brazoria County District Clerk and the court reporter for the 412th 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 December 2, 2021.

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Poissant.

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Unique Mica Green v. Shawntonya Lavinghousez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unique-mica-green-v-shawntonya-lavinghousez-texapp-2021.