Gladys Williams v. Metroplitan Transit Authority and Driver of Metro Bus No. 4307/29 Hirsch

Court of Appeals of Texas

Gladys Williams v. Metroplitan Transit Authority and Driver of Metro Bus No. 4307/29 Hirsch

DecidedNovember 6, 2003

Docket14-03-00488-CV

StatusPublished

This text of Gladys Williams v. Metroplitan Transit Authority and Driver of Metro Bus No. 4307/29 Hirsch (Gladys Williams v. Metroplitan Transit Authority and Driver of Metro Bus No. 4307/29 Hirsch) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gladys Williams v. Metroplitan Transit Authority and Driver of Metro Bus No. 4307/29 Hirsch, (Tex. Ct. App. 2003).

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Opinion

Dismissed and Opinion filed November 6, 2003

Dismissed and Opinion filed November 6, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00488-CV

GLADYS WILLIAMS, Appellant

V.

METROPOLITAN TRANSIT AUTHORITY and DRIVER OF METRO BUS NO. 4307/29 HIRSCH, Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 02-03132

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 January 24, 2003. 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 July 14, 2003, 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).

On July 17, 2003, appellant filed a motion for extension of time to file an affidavit of indigence. 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)(1). The appellate court may extend the time to file an affidavit of indigence if, within 15 days after the deadline for filing the affidavit, the party files a proper motion for extension. Id. at 20.1(c)(3). Because the notice of appeal was filed on April 24, 2003, the deadline for filing a motion to extend time to file an affidavit of indigence was 15 days after that date, or May 9, 2003. Appellant=s motion for extension, filed on July 17, 2003, was not timely filed and was denied on October 23, 2003.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed November 6, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.

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Dismissed and Opinion filed November 6, 2003

Dismissed and Opinion filed November 6, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00488-CV

GLADYS WILLIAMS, Appellant

V.

METROPOLITAN TRANSIT AUTHORITY and DRIVER OF METRO BUS NO. 4307/29 HIRSCH, Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 02-03132

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 January 24, 2003. 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 July 14, 2003, 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).

On July 17, 2003, appellant filed a motion for extension of time to file an affidavit of indigence. 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)(1). The appellate court may extend the time to file an affidavit of indigence if, within 15 days after the deadline for filing the affidavit, the party files a proper motion for extension. Id. at 20.1(c)(3). Because the notice of appeal was filed on April 24, 2003, the deadline for filing a motion to extend time to file an affidavit of indigence was 15 days after that date, or May 9, 2003. Appellant=s motion for extension, filed on July 17, 2003, was not timely filed and was denied on October 23, 2003.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed November 6, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.

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