Opinion
Appellate case number: 01-16-00207-CV
04-26-2016
Prophet Ronald Dwayne Whitfield v. Clear Lake Nissan and Santander Consumer USA, Inc.
ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF PROSECUTION Trial court case number: 2015-22666 Trial court: 333rd District Court of Harris County
On March 4, 2016, appellant, Prophet Ronald Dwayne Whitfield, proceeding pro se, filed a notice of appeal in the trial court from the order signed on March 4, 2016, declaring appellant a vexatious litigant. Because appellant referred to having filed an affidavit of indigence for appellate costs in the trial court, the Clerk of this Court requested, on April 12, 2016, that an indigent clerk's record be filed within 30 days. On April 15, 2016, the indigent clerk's record was filed in this Court attaching the trial court's order, signed on April 4, 2016, sustaining the trial clerk's contest to appellant's affidavit of indigence. See TEX. R. APP. P. 20.1(e)(1), (i)(4).
A party claiming indigence for appellate costs may seek review of a trial court's order sustaining a contest to her affidavit of indigence by filing a motion challenging the order, within 10 days of that order, in the appellate court. See TEX. R. APP. P. 20.1(j)(1), (2). Here, because appellant failed to timely file such a motion, the Clerk of this Court is directed to mark appellant not indigent for purposes of appellate costs. See id. 20.1(j)(2).
Accordingly, because appellant has not established indigence, it is ORDERED that he pay the $205.00 filing fee to the Clerk of this Court and file evidence with the Clerk of this Court of payment or arrangements to pay the trial clerk for preparation of the clerk's record within 30 days of the date of this order, or this appeal may be dismissed without further notice. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually Date: April 26, 2016