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North v. Hults

Court of Appeals of Texas, Eleventh District, Eastland
May 20, 2004
No. 11-04-00112-CV (Tex. App. May. 20, 2004)

Opinion

No. 11-04-00112-CV

May 20, 2004. NOT DESIGNATED FOR PUBLICATION. Tex.R.App.P.47.2(a).

Appeal from Mitchell County.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.


Memorandum Opinion


Jackie North has perfected an appeal from the trial court's dismissal of his pro se cause of action. However, North failed to pay the $125 filing fee upon the filing of the notice of appeal. TEX.R.APP.P. 5. An affidavit of inability to pay was not filed pursuant to TEX.R.APP.P. 20.1. Absent a proper affidavit, the payment of a filing fee is required. Rule 5; Vineyard v. Collier, 994 S.W.2d 403 (Tex.App.-Eastland 1999, per curiam order).

The clerk of this court has notified appellant that he needed to forward the filing fee or the appeal might be dismissed. In response to our request, North has filed in this court a motion to proceed in forma pauperis. North's motion is neither timely nor proper. Under Rule 20.1, inability to pay is to be asserted in the trial court at the time the appeal is perfected. The motion is overruled.

The appeal is dismissed.


Summaries of

North v. Hults

Court of Appeals of Texas, Eleventh District, Eastland
May 20, 2004
No. 11-04-00112-CV (Tex. App. May. 20, 2004)
Case details for

North v. Hults

Case Details

Full title:JACKIE NORTH, Appellant v. RICHARD HULTS, M.D. ET AL, Appellees

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: May 20, 2004

Citations

No. 11-04-00112-CV (Tex. App. May. 20, 2004)