Opinion
No. 05-03-00970-CV
Opinion Filed August 22, 2003
On Appeal from the County Court at Law 2, Collin County, Texas, Trial Court Cause No. 0002-1487-02
DISMISS
Before Justices MORRIS, WRIGHT, and MOSELEY
MEMORANDUM OPINION
The Court's records reveal that appellant has not paid the required filing fee of $125 due in his appeal. See Tex.R.App.P. 5. By notice dated June 25, 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 failed to remit the $125 filing fee. Instead, on July 14, 2003, appellant filed an "application to proceed without prepayment of fees and affidavit." Appellant requests that this Court allow him to proceed as an indigent in this appeal.
In a letter dated July 22, 2003, the Court informed appellant that an affidavit of indigence must be filed with the trial court "after the judgment on appeal was entered and on or before the notice of appeal is filed." See Tex.R.App.P. 20.1(c); Holt v. F.F. Enterprises, 990 S.W.2d 756 (Tex.App.-Amarillo 1998,, pet. denied). We directed appellant to file documentation with this Court showing that he timely filed an affidavit of indigence with the trial court or to remit the $125 filing fee. Appellant was informed that failure to provide proof of a timely filed affidavit of indigence with the trial court or to remit the required $125 filing fee would result in the dismissal of this appeal for want of prosecution, without further notice from the Court.
On August 1, 2003, appellant filed a letter reasserting his request that this Court allow him to proceed as an indigent. Appellate rule 20.1 sets out the procedure for determining the indigence status of an appellant. The affidavit of indigence must be filed with the trial court. See Tex.R.App.P. 20.1(c). "The rules of appellate procedure do not provide for an affidavit mistakenly filed in this Court to be deemed filed in the trial court." Holt, 990 S.W.2d at 759. The trial court determines whether an appellant may proceed in an appeal without the payment of costs. See Tex.R.App.P. 20.1(i). The appellate rule does not authorize this Court to make that determination in an appeal. See Tex.R.App.P. 20.1.
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).