John M. Donohue v. Perla Dominguez and Kevin Nakata, in Their Individual Capacities

• Court: Court of Appeals of Texas
• Decided: February 18, 2015
• Docket: 04-15-00068-CV
• Status: Published

Opinion

San Antonio Police Department /s

Fourth Court of Appeals San Antonio, Texas February 18, 2015

No. 04-15-00068-CV

John M. DONOHUE, Appellant

v.

SAN ANTONIO POLICE DEPARTMENT, et al, Appellee

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2014-CI-12457 Honorable Laura Salinas, Judge Presiding

ORDER On February 6, 2015, appellant filed a notice of appeal in this court from the trial court’s January 8, 2015 judgment. On that same day, and also in this court, appellant filed an affidavit of inability to pay costs in this court. It appears appellant did not file his affidavit in the trial court. We have forwarded both to the district clerk.

A party who cannot pay the costs of an appeal must file an affidavit of indigence “in the trial court with or before the notice of appeal.” TEX. R. APP. P. 20.1(c)(1). Appellant’s affidavit was therefore due in the trial court on February 6, 2015, the date his notice of appeal was filed. See id. R. 20.1(c)(1).

We order the clerk of this court to send copies of the affidavit and this order to the trial court clerk, the court reporter, and all parties. See id. R. 20.1(d)(2).

We further order the deadline for filing a contest to the affidavit of indigence is March 2, 2015. Any contest must be filed in this court. See id. R. 20.1(e)(1).

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of February, 2015.

___________________________________ Keith E. Hottle Clerk of Court