Opinion
No. 04-13-00684-CV
11-20-2013
Michael IDROGO, Appellant v. Monica GONZALEZ, Et al., Appellees
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-21149
Honorable Larry Noll, Judge Presiding
ORDER
Pro se appellant Michael Idrogo failed to timely file an affidavit of indigence with the trial court in this appeal. See TEX. R. APP. P. 20.1(c)(1) ("An appellant must file the affidavit of indigence in the trial court with or before the notice of appeal."). On October 9, 2013, we abated the appeal to the trial court for it to determine if Appellant is indigent for purposes of this appeal. Appellees timely filed a contest, and the trial court sustained the contest in its order of October 31, 2013. The trial court clerk filed a supplemental record for the contest hearing. The supplemental record shows the trial court found that Appellant is not indigent, is able to afford costs of appeal, and is not entitled to free clerk's or reporter's records.
On November 7, 2013, Appellant filed a motion objecting to the trial court's October 31, 2013 order sustaining the contest to his affidavit of indigence. See id. R. 20.1(j).
We WITHDRAW our October 9, 2013 order abating this appeal and we REINSTATE this appeal on the court's docket.
Appellant's October 21, 2013 motion to set aside this court's October 9, 2013 order is DENIED. Appellant's motion to set aside the trial court's October 31, 2013 order is DENIED.
The clerk's record was due to be filed with this court on November 12, 2013. See TEX. R. APP. P. 35.1. On November 13, 2013, the district clerk notified this court that the clerk's record was not filed because Appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record and Appellant is not entitled to appeal without paying the fee.
We ORDER pro se appellant Michael Idrogo to provide written proof to this court within TEN DAYS of the date of this order that the clerk's fee has been paid or arrangements have been made to pay the clerk's fee. If Appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b).
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of November, 2013.
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Keith E. Hottle
Clerk of Court