Opinion
No. 08-15-00144-CV
06-01-2015
Stephen Aaron Bergenholtz, Appellant, v. Josephine Donna Eskenazi, Appellee.
Appeal from the 380th District Court of Collin County, Texas (TC# 380-51444-2008) ORDER
The Collin County District Clerk has notified the Court that the clerk's record will not been filed because Appellant has failed to make payment arrangements for preparation of the record. Appellant has filed what the Court has construed as a motion seeking a waiver of fees on appeal, including the fees for preparation of the clerk's record. The District Clerk has filed a response in opposition and contest to Appellant's request to proceed without payment of fees. At the Court's request, the District Clerk provided additional information related to the issues presented by Appellant's motion.
On March 3, 2015, the trial court entered an order granting a motion for turnover and appointment of a receiver, and Appellant filed notice of appeal in the Fifth Court of Appeals on March 6, 2015. He did not pay the filing fee, but the Court of Appeals left the indigency issue pending at Appellant's request. Based on the information provided by Appellant and the District Clerk, we conclude that Appellant has failed to show he is entitled to proceed on appeal without the payment of costs because he did not establish his indigence in accordance with TEX.R.APP.P. 20.1(a). Appellant has not filed a certificate under Texas Rule of Civil Procedure 145(c), and he did not file an affidavit of indigence in the trial court with or before the notice of appeal. See TEX.R.APP.P. 20.1(a)(1)-(2), (c)(1). Further, he has not shown that the presumption of indigence applies to this appeal. TEX.R.APP.P. 20.1(a)(3). Accordingly, we deny Appellant's motion to proceed on appeal without payment of the filing fees and the fees for the clerk's record and reporter's record.
Appellant also requests that we extend the time for him to establish he is entitled to proceed without payment of costs. Appellant's request for an extension of time is denied because it is untimely. TEX.R.APP.P. 20.1(c)(3)(requiring extension motion to be filed within fifteen days after the deadline for filing the affidavit). Alternatively, Appellant seeks an extension of time to pay the fees and to file the record. This request is granted. The case filing fee of $195.00 is due to paid no later than twenty days from the date of this order. The clerk's record and reporter's record are due to be filed no later than July 16, 2015.
IT IS SO ORDERED this 1st day of June, 2015.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.