Opinion
No. 05-11-00381-CV
Opinion issued December 9, 2011.
On Appeal from the County Court at Law No. 3 Dallas County, Texas, Trial Court Cause No. CC-11-01612-C.
Before Chief Justice WRIGHT and Justices FRANCIS and LAG-MIERS.
MEMORANDUM OPINION
This appeal has been pending since April 1, 2011. The clerk's record has been due since July 29, 2011. By order dated September 20, 2011, we ordered the Dallas County Clerk to file either the clerk's record or written verification that appellants had not paid or made arrangements to pay for the clerk's record. We cautioned appellants that if we received written verification appellants had not paid or made payment arrangements for the clerk's record we would dismiss the appeal without further notice. By letter dated October 6, 2011, the Dallas County Clerk informed us that the clerk's record had been prepared but appellants had not paid for the record. In response, appellant filed an affidavit of inability to pay on October 24, 2011. The affidavit is not timely and is outside the time to cure the deficiency. See Tex. R. App. P. 20.1(c)(1), (3) (affidavit of indigence must be filed with or before the notice of appeal, this Court may extend time if motion to extend is filed within fifteen days after deadline). To date, appellants have not provided verification the clerk's record has been paid for and the clerk's record has not been filed.
Therefore, we dismiss the appeal. See Tex. R. App. P. 37.3(b); 42.3(c).