Opinion
No. 01-04-00826-CV
Opinion issued November 18, 2004.
On Appeal from the 278th District Court, Walker County, Texas, Trial Court Cause No. 21901C.
Panel consists of Justices NUCHIA, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellant John W. Banos has neither established indigence, nor paid all the required fees. See Tex.R.App.P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov't Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon Supp. 2004) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, appellant John W. Banos did not adequately respond. He responded by stating that he has filed an affidavit with the trial court to proceed in forma pauperis. This unsworn affidavit, filed August 13, 2004, was not timely filed, however.
Texas Rule of Appellate Procedure 20.1 provides that appellants must file their affidavits of indigence in the trial court with or before the filing of their notice of appeal. Appellate courts may extend the time for filing a notice of appeal if the appellant files a proper motion to extend the time for filing the affidavit of indigence within 15 days of the deadline for filing the affidavit. See Tex.R.App.P. 20.1(c)(3).
Here, however, appellant filed his notice of appeal on July 30, 2004, and did not file his unsworn "affidavit of indigency" until August 13, 2004. Appellant filed no motion to extend the time for filing the affidavit of indigence. The time for filing a motion for extension of time to file an affidavit of indigence (August 28, 2004) has passed.
Accordingly, we dismiss the appeal for want of prosecution. See Tex.R.App.P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).
All pending motions are denied.