Zuzana Reyes A/K/A Zuzana Hluskova v. Nelson Gonzales Reyes ( 2019 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    ZUZANA REYES A/K/A ZUZANA                       §               No. 08-19-00089-CV
    HLUSKOVA,
    §                  Appeal from the
    Appellant,
    §                388th District Court
    v.
    §             of El Paso County, Texas
    NELSON GONZALEZ REYES,
    §               (TC# 2014DCM0466)
    Appellee.
    §
    ORDER
    On the same date she filed notice of appeal, Appellant filed in the trial court a Statement
    of Inability to Afford Payment of Courts Costs. See TEX.R.CIV.P. 145. The court reporter, Patricia
    Madrid, filed a challenge to Appellant’s Statement of Inability as provided for by Rule 145(f)(3).
    The court reporter’s motion to require Appellant to prove her inability to afford costs is
    GRANTED. Consequently, 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 for the reporter’s 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 can challenge that
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    ruling by motion filed in this Court pursuant to TEX.R.APP.P. 145(g) no later than 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 26th day of April, 2019.
    PER CURIAM
    Before McClure, C.J., Rodriguez and Palafox, JJ.
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Document Info

Docket Number: 08-19-00089-CV

Filed Date: 4/26/2019

Precedential Status: Precedential

Modified Date: 7/22/2019