Boulds, DeJuan v. Prince, Judith Martin

• Court: Court of Appeals of Texas
• Decided: December 19, 2002
• Docket: 14-02-00945-CV
• Status: Published

Opinion

Dismissed and Opinion filed December 19, 2002

Dismissed and Opinion filed December 19, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00945-CV

DEJUAN BOULDS, Appellant

V.

JUDITH MARTIN PRINCE, Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 00-54673

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed February 20, 2002.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 

On November 19, 2002, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this Court with proof of payment.  See Tex. R. App. P. 37.3(b).

Appellant filed a response on December 12, 2002.  In the response, appellant contends he is an indigent inmate and unable to pay for the record.  Appellant attached an affidavit of indigence to his response and asked that he be permitted to proceed without payment of costs. Rule 20.1 of the Texas Rules of Appellate Procedure provides that an appellant must file the affidavit of indigence in the trial court with or before the notice of appeal.  Tex. R. App. P. 20.1(c).  Appellant did not file his affidavit of indigence in accordance with Rule 20.1(c), and therefore, it is ineffective. 

Accordingly, appellant=s response fails to demonstrate sufficient grounds for retaining the appeal and the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed December 19, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish C Tex. R. App. P. 47.3(b).