Lewis, James Edward v. Wells, Ed

• Court: Court of Appeals of Texas
• Decided: June 5, 2003
• Docket: 01-02-01102-CV
• Status: Published

Opinion

Opinion issued June 5, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-001102-CV

JAMES EDWARD LEWIS, Appellant

V.

ED WELLS, CLERK, Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 01-58319

MEMORANDUM OPINION

This is an appeal from a judgment signed on April 16, 2002. The notice of appeal was filed on May 3, 2002. The notice of appeal contains a sentence that states, "The appellant swears that he cannot afford to pay any cost to proceed in Forma Pauperis." This sentence does not meet the requirements of Texas Rule of Appellate Procedure 20.1 for an affidavit of indigence.

On February 13, 2003, the Court issued an order stating as follows:

This Court's records do not affirmatively show that appellant has paid the appellate filing fee of $125. See Tex. R. App. P. 5; Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. July 21, 1998) Tex. Gov't Code Ann. 51.207(a) (Vernon Supp. 2002). . . . Unless within 15 days of the date of this order, appellant pays such filing fee to the Clerk of this Court, the appeal will be dismissed. See Finley v. J.C. Pace Ltd., 4 S.W.3d 319, 321-22 (Tex. App.- Houston [1st Dist.] 1999) (order); Negrini v. Smith, Nelson & Clement P.C., 998 S.W.2d 362, 363 (Tex. App.- Houston [1st Dist.] 1999, no pet.). If appellant believes appellant is entitled to proceed on appeal without advance payment of costs under Tex. R. App. P. 20.1, appellant is directed to immediately file with this Court a file-stamped copy of appellant's affidavit of indigency.

It is so ORDERED.

To date, appellant has not paid the filing fee or provided the Court with a file stamped copy of his affidavit of indigency entitling him to proceed on appeal under Texas Rule of Appellate Procedure 20.1.

Accordingly, appellant's appeal is dismissed for want of prosecution. See Tex. R. App. P. 5; 42.3(b),(c).

PER CURIAM

Panel consists of Justice Hedges, Nuchia, and Keyes.