In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-17-00151-CV
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IN THE INTEREST OF L.J.F.
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On Appeal from the 279th District Court
Jefferson County, Texas
Trial Cause No. F-226,912
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ORDER
Appellant, Dennis Fisher, filed a notice of appeal from the trial court’s
judgment signed on May 3, 2017. On July 31, 2017, appellant filed a statement of
inability to pay costs of court or appeal. Additionally, appellant has indicated that he
does not have the funds to pay for a copy of the record for the appeal. We abate this
appeal and remand the cause to the trial court for a determination, if necessary, of
the 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
his inability to afford costs must be filed in the trial court by the appropriate party in
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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 September 18, 2017.
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 September 18, 2017. Upon reinstatement, if an order
requiring appellant to pay costs has not been signed, appellant will be entitled to
proceed without payment of costs associated with this appeal. See id. R. 145(a).
ORDER ENTERED August 16, 2017.
PER CURIAM
Before McKeithen, C.J., Horton and Johnson, JJ.
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in the Interest of L.J.F.
Combined Opinion