Opinion
No. 11-11-00261-CV
Order filed October 13, 2011.
On Appeal from the 326th District Court Taylor County, Texas, Trial Court Cause No. 6968-CX.
Panel consists of: WRIGHT, C.J., McCALL, J., and KALENAK, J.
ORDER
This is an appeal filed by O.W.'s father after his parental rights to O.W. were terminated. Upon reviewing the file in this case, it has come to the court's attention that appellant has neither filed a proper affidavit of indigence for purposes of appeal nor remitted the $175 filing fee. We note that appellant's attorney signed and filed an affidavit on his client's behalf indicating that his client is indigent. However, the affidavit does not meet the requirements of TEX. R. APP. P. 20.1. Consequently, we abate the appeal so that appellant, if indigent, may file in the trial court a proper affidavit of indigence signed by appellant. We will reinstate the appeal upon receiving either (1) a supplemental clerk's record containing a proper affidavit of indigence or (2) the $175 filing fee. Should appellant fail to file an appropriate affidavit of indigence or to pay this court's filing fee by November 10, 2011, this court may dismiss the appeal pursuant to TEX. R. APP. P. 42.3.
The appeal is abated.