Rodolfo Rosa v. Karlie Seater ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00309-CV
IN THE INTEREST OF J.R.H. AND A.R.H., CHILDREN
On Appeal from the 362nd District Court
Denton County, Texas
Trial Court No. 15-08449-211, Honorable Robert Bruce McFarling, Presiding
November 21, 2022
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Rodolfo G. Rosa, proceeding pro se, appeals from the trial court’s Order
of Dismissal.1 The clerk’s record has been filed. The reporter’s record was due October
11, 2022, but was not filed because Rosa purportedly failed to request and make payment
arrangements for the record. On October 20, 2022, Rosa filed a copy of a “Request for
Court Records and Reporter’s Records for Appeal.” The document indicates that Rosa
also filed a statement of inability to afford payment of court costs. The reporter has since
1Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalizations efforts. See TEX. GOV’T CODE ANN. § 73.001.
notified the Court that she has yet to a receive a designation or payment for the reporter’s
record from Rosa.
It is the appellant’s responsibility to request preparation and make payment
arrangements for the reporter’s record. See TEX. R. APP. P. 35.3(b). When an appellant
fails to do so, we may consider and decide an appeal without a reporter’s record, unless
appellant is entitled to proceed without payment of costs. See TEX. R. APP. P. 37.3(c).
Here, we are unable to determine whether Rosa has requested preparation of the
reporter’s record, made payment arrangements, or sought to proceed without payment of
costs.
Accordingly, we abate the appeal and remand this cause to the trial court to
determine (1) whether Rosa requested preparation of the reporter’s record; (2) if so, what
portions of the reporter’s record were requested; (3) whether Rosa paid for the reporter’s
record; and (4) if Rosa has not paid for the reporter’s record, whether he is entitled to
proceed without payment of costs. See TEX. R. APP. P. 35.3(c) (providing that the trial
and appellate court are jointly responsible for ensuring that the appellate record is timely
filed); TEX. R. CIV. P. 145 (concerning indigence and payment of costs). The trial court
shall enter its findings in a written order and include the order in a supplemental clerk’s
record which shall be filed with this Court by December 21, 2022.
Per Curiam
2