Holly Dawn Ruthven v. D. Elaine Wike ( 2022 )

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Holly Dawn Ruthven v. D. Elaine Wike Appellate case number: 01-22-00696-CV Trial court case number: 22-CV-0969 Trial court: 122nd District Court of Galveston County A supplemental clerk’s record filed on October 14, 2022 shows that appellant filed a statement of inability to afford the payment of costs on appeal in the trial court on June 1, 2022. On November 10, 2022, appellant filed a motion to appeal as indigent. The Court issued an order on November 17, 2022, requesting a supplemental clerk’s record containing any opposition to the statement of inability and a trial court order, if any, concerning appellant’s inability to afford court costs. A supplemental clerk’s record was filed on November 29, 2022 and it contained no opposition or trial court order. Fees charged for the appellate record are governed by Rule 145. See TEX. R. APP. P. 20.1(a). Rule 145 requires a party to file a Statement of Inability to Afford Payment of Court Costs if that party is unable to afford the costs for the filing of the appellate record. See TEX. R. CIV. P. 145(a)–(b). An appellant may not be required to pay costs for the appellate record except by order of the trial court. See TEX. R. APP. P. 145(a). Moreover, a party who files a statement of inability in the trial court is not required to pay appellate filing fees unless the trial court overruled the party’s claim of indigence. See TEX. R. APP. P. 20(a)-(b). Because the clerk’s records contain no trial court order overruling appellant’s claim of inability to afford court costs on appeal, appellant is not required to pay any costs on appeal. Appellant’s motion to appeal as indigent is granted. The Clerk of the Court shall note in the Court’s file that appellant is indigent. It is so ORDERED. Judge’s signature: ____/s/ Peter Kelly__________  Acting individually  Acting for the Court Date: __December 1, 2022______