Linda Pugh v. Dr. Jose A. Montes, Sr.

• Court: Court of Appeals of Texas
• Decided: October 23, 2003
• Docket: 01-02-00873-CV
• Status: Published

Opinion

Opinion issued October 23, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00873-CV

LINDA PUGH, Appellant

V.

DR. JOSE A. MONTES, SR., INDIVIDUALLY, JOSE A. MONTES, SR., M.D., P.A., CARIETY MEDICAL SUPPORT SERVICES, INC. AND YOUR MEDICAL SERVICES, INC., Appellees

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On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2000-42683

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MEMORANDUM OPINION

          This is an appeal from a no-evidence summary judgment signed on July 29, 2002. Notice of appeal was timely filed on August 13, 2002. The clerk’s record was filed on October 10, 2002.

          On September 13, 2002, a month after the notice of appeal was filed, appellant filed an affidavit/declaration of indigence in the trial court. An affidavit of indigence must be filed with or before the notice of appeal. See Tex. R. App. P. 20.1(c)(1). The court of appeals may extend the time for filing an affidavit of indigence if within 15 days after the deadline for filing the affidavit of indigence, the appellant files an extension motion in the appellate court. See Tex. R. App. P. 20.1(c)(3). Appellant’s affidavit of indigence is ineffective to allow her to proceed without advance payment of costs because it was filed after the deadline of August 28, 2002, and after any extension allowed under Tex. R. App. P. 20.1(c)(3).

          Appellant has not paid the appellate filing fee of $125 or the $10 filing fee for each of the three motions she has filed in this Court. 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. Jul. 21, 1998).

          On May 8, 2003, we ordered that unless by June 9, 2003, appellant paid such filing fees to the Clerk of this Court, or requested the trial court clerk to file a supplemental clerk’s record containing a timely filed affidavit of indigence with the trial court in accordance with Tex. R. App. P. 20.1, the appeal would 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.).

          June 9, 2003 has passed and appellant has not paid the $125 filing fee or the filing fee for the motions she has filed.

          Accordingly, the appeal is dismissed. See Tex. R. App. P. 5, 42.3(b).

PER CURIAM

Panel consists of Justices Hedges, Nuchia, and Keyes.