in the Interest of O.W., a Child

Opinion

Order filed October 13, 2011

                                                                       In The          

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00261-CV

                            IN THE INTEREST OF O.W., A CHILD

                                   On Appeal from the 326th District Court

                                                            Taylor County, Texas

                                                   Trial Court Cause No. 6968-CX

                                                                     O R D E R

            This is an appeal filed by O.W.’s father after his parental rights to O.W. were terminated. Upon reviewing the file in this case, it has come to the court’s attention that appellant has neither filed a proper affidavit of indigence for purposes of appeal nor remitted the $175 filing fee.  We note that appellant’s attorney signed and filed an affidavit on his client’s behalf indicating that his client is indigent. However, the affidavit does not meet the requirements of Tex. R. App. P. 20.1.  Consequently, we abate the appeal so that appellant, if indigent, may file in the trial court a proper affidavit of indigence signed by appellant.  We will reinstate the appeal upon receiving either (1) a supplemental clerk’s record containing a proper affidavit of indigence or (2) the $175 filing fee.  Should appellant fail to file an appropriate affidavit of indigence or to pay this court’s filing fee by November 10, 2011, this court may dismiss the appeal pursuant to Tex. R. App. P. 42.3. 

            The appeal is abated. 

October 13, 2011                                                                                PER CURIAM

Panel consists of:  Wright, C.J.,

McCall, J., and Kalenak, J.