Opinion
No. 11-05-00143-CV
August 4, 2005.
Appeal from Midland County.
Panel consists of: WRIGHT, J., and McCALL, J.
Order
This court's order dated July 21, 2005, is withdrawn. In reviewing the documents before this court, we note that Leslie Garnett did not file a proper affidavit of inability to pay court costs. Specifically, Garnett's affidavit was not notarized.
Because a proper affidavit was not filed at the time that the appeal was perfected, Garnett has not established that he is entitled to proceed without the advanced payment of costs. TEX.R.APP.P. 20.1. The clerk's record and the court reporter's record are now due to be filed in this court on or before October 11, 2005.