Bridgette Kellar v. Roger Denton Dowden

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00357-CV
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BRIDGETTE KELLAR, Appellant
V.
ROGER DENTON DOWDEN, Appellee
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On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. CIV32290
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ORDER
Bridgette Kellar, appellant, filed a notice of appeal from the trial court’s
judgment. The clerk’s record contains a statement of inability to afford payment of
court costs that appellant filed after she perfected her appeal and the trial court’s
plenary power over the case expired. It appears the trial court has not previously
determined whether appellant can afford payment of court costs.
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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
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 her 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 January 9, 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 January 9, 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 December 10, 2019.
PER CURIAM
Before McKeithen, C.J., Horton and Johnson, JJ.
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