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 2 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 3