Opinion
No. 05-06-00062-CV
Opinion issued May 4, 2006.
On Appeal from the 301st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-14973.
Dismissed.
Before Justices WHITTINGTON, BRIDGES, and RICHTER.
MEMORANDUM OPINION
Appellant Linda K. Sprowl filed a timely notice of appeal on January 17, 2006. She also filed an affidavit of indigence file-stamped January 24, 2006. According to our records, the district clerk filed a contest to her indigency status, and the trial court sustained the contest on February 3, 2006.
On March 17, 2006, appellant wrote this Court, asking to proceed without advance payment of costs and contending that although the trial court had sustained a contest to her indigency status and denied a motion for reconsideration, we should reconsider her indigency status. She asserted that the trial court denied the affidavit on the ground that appellant had filed her affidavit of indigence late. Appellant conceded that she had filed her affidavit of indigence one or two days after filing the notice of appeal but asserted that the court clerk file-stamped it five days later.
By order dated March 28, 2006, we denied her request, reasoning that regardless of when she filed her affidavit of indigence, it was untimely. We noted that by her own admission, appellant filed it after she filed the notice of appeal. Texas Rule of Appellate Procedure 20.1(c)(1) provides that an appellant "must file the affidavit of indigence in the trial court with or before the notice of appeal." We therefore concluded that appellant was not entitled to proceed without advance payment of costs. We ordered her to file, within ten days from the date of the order, proof that she had paid or made arrangements to pay for the appellate record. We also warned that if appellant failed to comply with our order, her appeal would be subject to dismissal without further notice. To date, appellant has failed to pay or make arrangements to pay for the record or otherwise communicate with this Court. Accordingly, on the Court's own motion, we DISMISS this appeal. Tex.R.App.P. 42.3 (b), (c).