John McZeal v. U.S.A. Processor Unlimited and Leberty Mutual Insurance Company

• Court: Court of Appeals of Texas
• Decided: January 8, 2004
• Docket: 14-03-01080-CV
• Status: Published

Opinion

Dismissed and Opinion filed January 8, 2004

Dismissed and Opinion filed January 8, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01080-CV

JOHN MCZEAL, Appellant

V.

U.S.A. PROCESSOR UNLIMITED AND LIBERTY MUTUAL INSURANCE COMPANY, Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 03-16881

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 September 2, 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 December 4, 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).

In response, appellant filed a motion to proceed as an indigent with a supporting affidavit.  However, an appellant 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); see In re White, 967 S.W.2d 507, 510 (Tex. App.CHouston [14th Dist.] 1998, orig. proceeding) (stating that the rules do not Aprovide for the filing of an affidavit of indigence after an appeal has been perfected.@).

Accordingly, because appellant has not paid or made arrangements to pay for the clerk=s record, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed January 8, 2004.

Panel consists of Justices Edelman, Frost, and Guzman.