Frank Mendicino, as Guardian for Janet Church, an Incapacitated Person v. Family Eldercare ( 2020 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
Frank Mendicino, as Guardian for Janet § No. 08-20-00047-CV
Church, An Incapacitated Person,
§ Appeal from the
Appellant,
§ County Court at Law No. 4
v.
§ of Williamson County, Texas
Family Eldercare,
§ (TC# 18-0190-CP4)
Appellee.
§
ORDER
Appellant asserts that he is entitled to proceed without paying costs based on a previous
trial court finding that he was indigent. The court reporter, Tom McMinn, filed a challenge to
Appellant’s Statement of Inability to Afford Payment of Court Costs. We conclude that 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
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 County Clerk of Williamson
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County, Texas as soon as practicable after the hearing, but no later than three days after the order
is signed. The County 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 20th day of April, 2020.
PER CURIAM
Before Alley, C.J., Rodriguez and Palafox, JJ.
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