Douglas v. Adamo

Full title: RALPH O. DOUGLAS, Appellant v. SAMUEL D. ADAMO, Appellee

Court: Court of Appeals of Texas, Fourteenth District, Houston

Date published: Mar 13, 2003

No. 14-02-01156-CV (Tex. App. Mar. 13, 2003)

Opinion

No. 14-02-01156-CV.

Opinion filed March 13, 2003.

Appeal from the 269th District Court, Harris County, Texas, Trial Court Cause No. 01-10865.

Dismissed.

MEMORANDUM OPINION

PER CURIAM.

This is an appeal from a judgment signed August 23, 2002. Appellant filed his notice of appeal and a pro se application to proceed in forma pauperis. On October 3, 2002, the Harris County District Clerk filed a contest to appellant's affidavit of inability to pay costs. The contest was set for submission before the trial court on October 11, 2002. On October 11, 2002, the trial court signed an order sustaining the district clerk's contest.

On December 2, 2002, appellant filed a motion with this Court requesting that we review the trial court's order sustaining the contest to his affidavit of indigence. The Texas Supreme Court has determined that, under the amended rules of appellate procedure, an indigent party may obtain the record pertaining to the trial court's ruling sustaining the contest to his affidavit of indigence and challenge that ruling as part of his appeal, instead of by mandamus review as was done previously. See In re Arroyo, 988 S.W.2d 737, 738-39 (Tex. 1998). Accordingly, on January 9, 2003, we ordered those portions of the record necessary to review the order sustaining the contest to appellant's affidavit of indigence be filed with the clerk of this court.

On January 28, 2003, the district clerk filed a supplemental clerk's record containing the documents relevant to appellant's indigency claim. The reporter's record from the indigency hearing was also filed on February 3, 2003. On February 13, 2003, this Court issued an order informing appellant the court found no abuse of discretion in the trial court's order sustaining the contest to his affidavit of indigence. In the order, appellant was directed to pay or make arrangements to pay for the record in this appeal. See Tex.R.App.P. 35.3(a)(2). The order further provided that unless appellant provided this court with proof of payment for the record within fifteen days of the date of this order, we would dismiss the appeal for want of prosecution. See Tex.R.App.P. 37.3(b).

Appellant filed no response to the Court's order. No clerk's record has been filed. Accordingly, the appeal is ordered dismissed.