Scwyana Smith v. Ankus, L.L.C.

Summary

The Fourteenth Court of Appeals of Texas ordered the trial court to conduct a hearing under Texas Rule of Civil Procedure 145(i) to determine which portions of the record should be transcribed for an appellant proceeding without payment of costs. The appeal was abated, treated as closed, and removed from the court's active docket pending the trial court's written findings and supplemental records.

Holdings

1. Under Texas Rule of Civil Procedure 145(i), the trial court must conduct a hearing and designate in writing the portions of the record to be transcribed when a declarant is proceeding without payment of costs.
2. The appeal should be abated, treated as a closed case, and removed from the appellate court's active docket until the trial court's findings and recommendations are filed or the appeal is otherwise reinstated.

Questions Presented

1. What procedure must the trial court follow when an appellant proceeding without payment of costs seeks a reporter's record under Texas Rule of Civil Procedure 145(i)?
2. Whether the appeal should remain on the appellate court's active docket while the trial court determines which portions of the record must be transcribed.

Disposition

other