In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00257-CV
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IN THE INTEREST OF M.D.B.
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On Appeal from the 317th District Court
Jefferson County, Texas
Trial Cause No. C-227,217-A
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ORDER
On July 2, 2018, appellant, Michael David Bellow Jr., filed a notice of appeal
from the trial court’s judgment signed on April 3, 2018. On August 2, 2018, the trial
court clerk notified the Court that no payment arrangements had been made for
preparation of the clerk’s record. On August 3, 2018, appellant filed a statement of
inability to afford payment of court costs. We abate this appeal and remand the cause
to the trial court for a determination 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
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his 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 August 28, 2018.
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 August 28, 2018. 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 8, 2018.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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