Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00828-CV Tosha De Ann Chang, Appellant v. Joanne Nabors, Appellee FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY, NO. D-1-GN-19-008807, THE HONORABLE CATHERINE MAUZY, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant Tosha De Ann Chang has filed a notice of appeal from the August 25, 2026 judgment against her. On September 9, 2026, Chang filed an emergency motion for temporary relief to preserve the status quo pending appeal by staying enforcement of the judgment. Chang informs the Court that she filed an “Emergency Motion to Stay Enforcement and Determine Security under Texas Rule of Appellate Procedure 24” in the trial court, requesting suspension of enforcement and a determination of security, and the trial court has not yet ruled upon her motion. It is unclear from the record before the Court whether Chang has set that motion for hearing. In the alternative to her request that the Court stay enforcement of judgment while her Rule 24 motion is pending in the trial court, Chang requests that we remand the matter to the trial court for consideration of her Rule 24 motion. In addition, Chang has informed the Court that the trial court has set an indigency hearing for September 23, 2026, on Chang’s previously filed Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. We grant in part Chang’s motion, abate this appeal, and remand the case to allow Chang time to have her Rule 24 motion set for hearing and determined and for the trial court to conduct a hearing on and determine Chang’s ability to afford payment of court costs under Rule 145 of the Texas Rules of Civil Procedure. See generally Tex. R. Civ. P. 145 (payment of costs not required); see also id. R. 145(f)(1)-(4) (setting forth requirements for hearing and order). Any and all documents filed and orders signed pursuant to Rule 145 shall be forwarded to this Court for filing as a supplemental record no later than November 2, 2026. 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, or Chang may file a status report informing the Court that additional time is needed for a determination under Rule 24. In the absence of a request for additional time, this appeal will automatically reinstate on November 2, 2026. Upon reinstatement, if an order requiring Chang to pay costs has not been signed, Chang will be entitled to proceed without payment of the costs associated with this appeal. See id. R. 145(a). It is so ordered on September 18, 2026. Before Justices Triana, Crump, and Ellis Abated and Remanded Filed: September 18, 2026 2