In the Interest of B.C.R. and J.R.R., Children--Appeal from 408th Judicial District Court of Bexar County

No. 04-03-00013-CV

IN THE INTEREST OF B.C.R. AND J.R.R., Children

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 98-CI-09292

Honorable Phylis J. Speedlin, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: May 21, 2003

AFFIRMING ORDER SUSTAINING CONTEST TO AFFIDAVIT OF INDIGENCE

This is an appeal from the trial court's order sustaining a contest to Robert Keith Romero's affidavit of indigence. Because we find that the trial court did not abuse its discretion when it denied the request for a free record, we affirm.

Romero asserts the trial court abused its discretion in denying his request for a free record on appeal because, he contends, the court denied the contest on one day and then sustained the contest on another day. Nothing in the record supports this contention.

A party may appeal as an indigent by filing an affidavit of indigence pursuant to Texas Rule of Appellate Procedure 20.1. See Tex. R. App. P. 20.1. If the court reporter or another party files a contest, the party who filed the affidavit must prove his indigence. See White v. Bayless, 40 S.W.3d 574, 576 (Tex. App.--San Antonio 2001, pet. denied). A party claiming indigence must prove by a preponderance of the evidence that he would be unable to pay costs if he "really wanted to and made a good faith effort to do so." Allred v. Lowry, 597 S.W.2d 353, 355 (Tex. 1980); White, 40 S.W.3d at 576. We review a trial court's determination of indigence status under an abuse of discretion standard. White, 40 S.W.3d at 576.

After considering all the evidence at the contest hearing, including Romero's testimony, the trial court concluded that Romero's income and debts were approximately the same amount; however, he also had $2000 in savings, allegedly on his daughters' behalf. Accordingly, the court determined Romero had sufficient funds available to pay the reporter's fee of $337.50. Failing to use assets that are available to provide funding for an appeal shows the opposite of good faith. White, 40 S.W.3d 576. Because the record shows that Romero owns assets that could be used to provide funding for a copy of the record, the trial court did not abuse its discretion in sustaining the contest to his affidavit of indigence.

CONCLUSION

We affirm the trial court's order sustaining the contest to Romero's affidavit of inability to pay court costs. Romero must file, within fifteen days of the date of this opinion, evidence that he has made appropriate arrangements for payment of the reporter's record on appeal. If Romero fails to respond within the time provided, his brief will be due within thirty (30) days from the date of this opinion, and the court will only consider those issues or points raised in his brief that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c).

PER CURIAM