Linton Winfield v. Rosemont Clear Creek

• Court: Court of Appeals of Texas
• Decided: June 4, 2024
• Docket: 01-23-00397-CV
• Status: Published

Opinion

Opinion issued June 4, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00397-CV ——————————— LINTON WINFIELD, Appellant V. ROSEMONT CLEAR CREEK, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1196718

MEMORANDUM OPINION

Appellant, Linton Winfield, has neither established indigence nor paid, or

made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R. APP.

P. 37.3(b). On July 25, 2023, the Clerk of this Court notified Winfield that this appeal

was subject to dismissal. See TEX. R. APP. P. 37.3(b), 42.3(b). On August 7, 2023, Winfield filed a response asserting that he is indigent and his “indigency was already

proven in the lower courts.” Contrary to Winfield’s assertion, appellee filed a

response demonstrating that the trial court signed an order on May 30, 2023 (1)

granting appellee’s contest to Winfield’s Statement of Inability to Afford Payment

of Court Costs or an Appeal Bond, (2) finding that Winfield’s statement “was

materially false when made and Linton Winfield failed to prove the inability to

afford fees,” and (3) ordering Winfield to pay costs associated with the case.

Winfield did not file a reply. We agree with appellee’s response that Winfield has

failed to demonstrate indigency.

Accordingly, we dismiss the appeal for want of prosecution. We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Kelly and Goodman.