Andrea Marie Sanchez v. Joel A. Reyes
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledNovember 10, 2026
Docket03-26-00532-CV
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00532-CV
Andrea Marie Sanchez, Appellant
v.
Joel A. Reyes, Appellee
FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-14-000875, THE HONORABLE MAYA GUERRA GAMBLE, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Andrea Marie Sanchez appealed the trial court’s order in a suit to
modify the parent-child relationship. After the trial court made its ruling and shortly before
appealing, appellant filed with the trial court a statement of inability to pay. See Tex. R. App. P.
145(b). Appellee Joel A. Reyes filed a motion contesting the statement of inability to pay. See
id. R. 145(e). A hearing was held on the motion to contest, and appellant did not appear. See id.
R. 145(f). After the hearing, the trial court sustained the challenge to her statement of inability to
pay and ordered her to pay court costs and an appeal bond.
On October 13, 2026, appellant filed with this Court an emergency motion asking
this Court to, among other things, temporarily stay the appellate deadlines in this case and abate
the case for a hearing under Rule of Civil Procedure 145 because the Rule’s requirements were
not complied with when the trial court ordered her to pay court costs. See Tex. R. Civ. P. 145(f)
(requiring detailed findings and inclusion of language regarding right to appeal), 145(h)
(explaining that judgment that did not comply with requirements of Rule 145(f) is void); see also
Tex. R. App. P. 20.1 (“A party who filed a Statement of Inability to Afford Payment of Court
Costs in the trial court is not required to pay costs in the appellate court unless the trial court
overruled the party’s claim of indigence in an order that complies with Texas Rule of Civil
Procedure 145.”); In re Ramirez, 738 S.W.3d 594, 600 (Tex. App.—Corpus Christi-Edinburg
2026, orig. proceeding) (“A declarant may not be required to pay costs when these procedural
requirements [under Rule 145(f)] are not met.”). This Court requested a response from appellee.
In his response, appellee agrees that the case should be abated and remanded for a new hearing
under Rule 145.
Under these circumstances, we grant appellant’s motion in part, abate and remand
the appeal for the trial court to determine whether appellant is indigent and therefore entitled to
proceed without paying costs, and toll all appellate deadlines during the abatement. See Tex. R.
App. P. 20.1(b). Upon remand, the trial court shall immediately cause notice of a hearing to be
given to all parties and the court reporter and, thereafter, conduct a hearing to determine whether
appellant is indigent. To the extent practicable, the trial court shall follow the procedural
requirements of Rule 145(f) in determining appellant’s indigency. See Tex. R. Civ. P. 145(f). If
the trial court determines that appellant is indigent and entitled to proceed without paying costs
and to a free appellate record, the trial court shall make any orders necessary to ensure that
appellant may proceed without paying costs.
A supplemental reporter’s record of the hearing shall be prepared and filed in the
appellate record in this case along with a supplemental clerk’s record containing the trial court’s
new orders, findings, and recommendations regarding appellant’s indigency. These
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supplemental records are to be filed in this Court within 45 days of the date of this memorandum
opinion. The appeal will be reinstated when the supplemental records are filed.
It is ordered on November 10, 2026.
Before Justices Triana, Crump, and Ellis
Abated and Remanded
Filed: November 10, 2026
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