Opinion
No. 14-03-00836-CV
Memorandum Opinion filed July 29, 2004.
On Appeal from the 157th District Court, Harris County, Texas, Trial Court Cause No. 02-01505.
Dismissed.
Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.
MEMORANDUM OPINION
This is an appeal from a judgment signed February 21, 2003. No clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.
On November 5, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See TEX. R. APP. P. 37.3(b).
Appellant filed a response, claiming that an affidavit of indigence was filed in the trial court. The district clerk informed us that the only affidavit of indigence filed in this cause was an affidavit, filed on January 8, 2002, to proceed in the District Court without payment of costs. The trial court record reveals no affidavit of indigence filed in connection with the appeal. A party who cannot pay the costs of appeal, must follow the procedures in Rule 20.1. This rule requires an appellant to file an "affidavit of indigence in the trial court with or before the notice of appeal." Tex.R.App.P. 20.1(c)(1). An extension of time to file the affidavit may be granted if the party files a proper motion in the appellate court within 15 days of the deadline for filing the affidavit. Id. at 20.1(c)(3). Appellants did not file an affidavit of indigence with or before the notice of appeal seeking to avoid payment of costs on appeal, and appellants did not file a timely motion for extension.
Accordingly, the appeal is ordered dismissed.