in Re: Jatis Dean Eggleston, an Adult

• Court: Court of Appeals of Texas
• Decided: November 30, 2006
• Docket: 14-06-00664-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 30, 2006

Dismissed and Memorandum Opinion filed November 30, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00664-CV

IN RE JATIS DEAN EGGLESTON, an Adult

On Appeal from the 310th District Court

Harris County, Texas

Trial Court Cause No. 06-17223

M E M O R A N D U M  O P I N I O N

This is an appeal from an order signed June 29, 2006.  The notice of appeal was filed June 29, 2006.  No clerk=s record has been filed.  In response to this court=s notice regarding non-payment of the appellate filing fee, appellant filed a copy of an affidavit of indigence.  Appellant=s affidavit did not comply with the procedural or substantive requirements of Rule 20.  We granted appellant a reasonable time to correct the defects.  See Higgins v. Randall County Sheriff=s Office, No. 05-0095, 2006 WL 1450042 (Tex. May 26, 2006); Tex. R. App. P. 9.4.(i); 44.3.  We ordered appellant to file an affidavit of indigence containing the contents required by Texas Rule of Appellate Procedure 20.1 on or before September 15, 2006.  We further ordered appellant to have a supplemental clerk=s record filed containing a proper affidavit, any contest to the affidavit, and the court=s ruling thereon. 

On September 6, 2006, appellant filed an affidavit of indigence with the clerk of this court.  The affidavit does not contain the contents required by Texas Rule of Appellate Procedure 20.1.  The affidavit does not comply with the procedure for appealing without the advance payment of costs.  In addition, the affidavit is not notarized; instead, a copy of a prior acknowledgment is attached.

On November 9, 2006, this court ordered appellant to file the supplement clerk=s record containing a proper affidavit of indigence in compliance with Texas Rule of Appellate Procedure 20, any contest to the affidavit, and the court=s ruling thereon, on or before November 20, 2006.  In our order, the court notified appellant that failure to comply with the court=s order would result in dismissal of the appeal.  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 30, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Seymore.