Opinion
NO. 14-17-00661-CV
08-24-2017
CAREY J. CLEMONS-ALI, Appellant v. JEAN PAYNE, Appellee
On Appeal from the 311th District Court Harris County, Texas
Trial Court Cause No. 2015-57994
ORDER
According to information provided to this court, appellant's notice of appeal appears to be untimely. Our records reflect that the trial court's judgment was signed August 8, 2016. Our information reflects that appellant did not file a timely post-judgment motion. Therefore, his notice of appeal was due September 7, 2016, but it was not filed until August 8, 2017.
The clerk's record has not been filed in this appeal. The District Clerk has informed this court that appellant did not pay for preparation of the clerk's record. In response to notices from this court, appellant filed a Statement of Inability to Afford Payment of Costs.
Appellant is deemed indigent for purposes of the appellate filing fee only. See Tex. R. App. P. 20.1. Texas Rule of Civil Procedure 145 provides a procedure for a party's claim that the party is unable to afford costs for preparation of the appellate record. In order to obtain the clerk's record and reporter's record without payment of costs a party must file a Statement of Inability to Afford Payment of Court Costs in the trial court.
To determine our jurisdiction over this appeal, we issue the following order for a partial clerk's record.
We order the Harris County District Clerk to file a partial clerk's record with the clerk of this court on or before September 22, 2017. The partial clerk's record shall contain (1) the judgment being appealed; (2) any motion for new trial, other post-judgment motion, or request for findings of fact and conclusions of law; and (3) the notice of appeal
PER CURIAM