Opinion
01-14-00740-CV
10-23-2014
Zamick Tannarpatia Milhouse v. Ebonie McCain
ORDER Trial court case number: 2006-74892 Trial court: 311th District Court of Harris County
On September 8, 2014, appellant, Zamick Tannarpatia Milhouse, filed an affidavit of indigence in the trial court. See TEX. R. APP. P. 20.1(a)(2)(A). On October 2, 2014, the district clerk filed a clerk's record on indigence containing the trial court's September 23, 2014 order sustaining a contest to appellant's affidavit of indigence. See id. 20.1(e)(1), (i)(4). Appellant did not file a motion seeking review of the trial court's order within 10 days of the order. See id. 20.1(j)(1), (2). Therefore, the required filing fee is due.
Appellant is ORDERED to pay one-half of the filing fee to this Court no later than 10 days from the date of this order and the other one-half of the filing fee to this Court no later than 30 days from the date of this order, or the Court may dismiss the appeal. See TEX. R. APP. P. 5, 42.3.
It is further ORDERED that, no later than 30 days from the date of this order, appellant file with this Court proof that he has paid or made arrangements to pay for the preparation of the clerk's record, or the appeal may be dismissed. See TEX. R. APP. P. 34.5(a), 35.3(a)(2), 37.3(b).
The district clerk filed a clerk's record on September 30, 2014. That record is not complete, however, as it fails to contain all of the documents required by Texas Rule of Appellate Procedure 34.5(a). See TEX. R. APP. P. 34.5(a).
Finally, it is ORDERED that, no later than 30 days from the date of this order, appellant file with this Court proof that he has requested and paid or made arrangements to pay for preparation of the reporter's record, or the Court may consider and decide only those issues or points that do not require a reporter's record for a decision. See TEX. R. APP. P. 34.6(b)(1), 35.3(b)(2), (b)(3), (c), 37.3(c).
It is so ORDERED. Judge's signature: /s/ Chief Justice Sherry Radack
[×] Acting individually [ ] Acting for the Court
Date: October 23, 2014