In the Matter of Marriage of Melissa Ramirez and Silvestre Fermin Torres and in the Interest of R.S.T. and A.D.T., Children v. the State of Texas

NUMBER 13-25-00670-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF MARRIAGE OF MELISSA RAMIREZ AND
SILVESTRE FERMIN TORRES AND IN THE INTEREST OF R.S.T. AND
A.D.T, CHILDREN

ON APPEAL FROM THE 332ND DISTRICT COURT
OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña

On July 16, 2025, appellant Melissa Ramirez filed a statement of inability to afford

payment of court costs in the trial court. See TEX. R. CIV. P. 145(b). At a status conference

hearing held on November 6, 2025, the trial court orally ordered the parties to attend

mediation and split the costs. On November 17, 2025, appellant filed an objection to the

trial court’s order pursuant to Texas Rule of Civil Procedure 145. See id. R. 145. On

December 8, 2025, the trial court signed an order overruling appellant’s objection and
reaffirming that each party pay 50% of the mediation costs. Appellant filed a notice of

appeal on December 11, 2025, and timely filed a motion in this Court on December 18,

2025, challenging the trial court’s order pursuant to Texas Rule of Civil Procedure

145(g)(1). See id. R. 145(g)(1).

“Access to the civil justice system cannot be denied because a person cannot

afford to pay court costs.” Id. R. 145, cmt. to 2016 change. Rule 145 requires a party who

cannot afford court costs to file a sworn statement containing the same information. Id.

R. 145(b). When a statement has been filed, the declarant “must not be ordered to pay

costs unless” the declarant receives notice and an evidentiary hearing on the ability to

pay, and the trial court issues an order supported by detailed findings that the declarant

can pay costs. Id. R. 145(f)(1), (2). A declarant may challenge a trial court order finding

that they can pay costs by “motion filed in the court of appeals with jurisdiction over an

appeal from the judgment in the case” within ten days the order is signed. Id. R. 145(g)(1),

(2).

While Rule 145 authorizes a declarant to challenge an order requiring the party to

pay costs, the order must be issued “under this rule.” Id. R. 145(g)(1) (emphasis added).

Thus, “unless and until an order in compliance with subsection (f) has been signed, this

Court cannot review the merits of the trial court’s decision to require [an appellant] to pay

costs.” Tello v. Off. of Att’y Gen., Child-Support Div., No. 03-22-00668-CV, 2022 WL

17490997, at *2 (Tex. App.—Austin Dec. 8, 2022, no pet.) (mem. op.) (citations omitted);

see Rahut v. City of Killeen, No. 03-25-00303-CV, 2025 WL 1698732, at *1 (Tex. App.—

Austin June 18, 2025, no pet.) (mem. op.); In re M.L.M., No. 04-23-00338-CV2023, 2023

WL 4921856, at *2 (Tex. App.—San Antonio Aug. 2, 2023, no pet.) (per curiam) (mem.

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op.); In re V.I.P.M., No. 05-23-00577-CV, 2023 WL 4881393, at *1 (Tex. App.—Dallas

Aug. 1, 2023, no pet.) (mem. op.) (explaining an order to pay fees for an amicus attorney

appointed pursuant to the family code is not reviewable under Rule 145(g)(1) because it

was not issued “under this rule”). Based on the motion and documents attached thereto,

it does not appear that the trial court conducted a hearing or issued an order pursuant to

the requirements and procedures in subsection (f) when ordering appellant to pay

mediation costs. See id. R. 145(f). Without an order complying with subsection (f), we are

unable to exercise appellate review. See Tello, 2022 WL 17490997, at *2.

Accordingly, we dismiss this cause for want of jurisdiction. See TEX. R. APP. P.

42.3(a). We further dismiss all pending motions as moot. We do not address whether

mandamus relief may be appropriate because the issue is not before us, and our

dismissal of appellant’s appeal does not preclude appellant from pursuing mandamus

relief by a separate original proceeding.

L. ARON PEÑA JR.
Justice

Delivered and filed on the
29th day of January, 2026.

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