Opinion
No. 05-03-00418-CV.
Opinion issued April 29, 2003.
Appeal from the 255th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 02-20999-S.
DISMISSED.
Before Justices WHITTINGTON, BRIDGES, and RICHTER.
MEMORANDUM OPINION
The Court's records reveal that appellant has not paid the required filing fee of $125 due in his appeal of the divorce judgment of January 28, 2003. See Tex.R.App.P. 5. By notice dated March 24, 2003, appellant was informed that failure to remit the filing fee within ten days would result in the dismissal of his appeal, without further notice from the Court. Appellant responded to the Court's March 24, 2003 notice by mailing a copy of the notice back to the Court with a "Declaration of Inability to Pay Cost" and a "Texas Department of Criminal Justice In-Forma Pauperis Data" sheet attached. The declaration of inability to pay cost is a form stating that appellant is unable to pay the court costs in "this Writ of Habeas Corpus" and bears the apparent signature of appellant, dated April 1, 2003.
The record in this appeal contains the notice of appeal and an attached "Declaration of Inability to Pay Costs." Both documents were filed with the trial court on March 10, 2003. The Dallas District Clerk's "Contest of Pauper's Oath/Affidavit of Inability on Appeal" was filed with the trial court on March 14, 2003 and the trial court signed an order sustaining the district clerk's contest on March 21, 2003. In this case, the actions of the appellant, the district clerk and the trial court were in compliance with appellate rule 20.1, which provides that, in the case of an appeal, the appellant must file the affidavit of indigence with the trial court, the clerk must file his contest with the trial court, and the trial court shall determine the indigence status of the appellant. See Tex.R.App.P. 20.1(c),(e),(i).
The trial court has determined that appellant is not proceeding as an indigent in this appeal and is responsible for the costs of this appeal. Appellant's attempt to file with this Court a second "Declaration of Inability to Pay Costs" in his divorce appeal is not timely or proper. See Tex.R.App.P. 20.1(c). Such declaration presented to this Court does not relieve appellant of the responsibility of remitting the filing fee due in this appeal.
Accordingly, on the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P. 5; 42.3(b),(c).