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Jack L. Martin and Kathran J. Martin v. Christina Lonze Ball
Citation: Not availableDocket: 05-17-00738-CV
Court: Court of Appeals of Texas; August 2, 2017; Texas; State Appellate Court
Original Court Document: View Document
Order entered August 2, 2017, by the Court of Appeals Fifth District of Texas at Dallas in case No. 05-17-00738-CV involving appellants Jack L. Martin and Kathran J. Martin against appellee Christina Lonze Ball. The court addressed appellee's contest, filed on July 31, 2017, regarding Jack Martin's statement of inability to afford payment of court costs, submitted on June 27, 2017. The court previously informed the appellant, via letter dated June 29, 2017, that he could proceed without paying the court's filing fees, referencing Texas Rule of Appellate Procedure (TEX. R. APP. P.) 20.1(a, c). The court clarified that fees for preparing the appellate record are governed by Texas Rule of Civil Procedure 145, and those fees have already been paid and recorded. Appellee cited an outdated rule, 20.1(d)(2)(B), which was revised as of September 1, 2016, and is no longer applicable. The current rule specifies that only filing fees charged by the appellate court are covered, and any challenge to the court's decision allowing a party to proceed without payment is prohibited (TEX. R. APP. P. 20.1(c)). Consequently, the court denied appellee's contest. Signed by Chief Justice Carolyn Wright.