Ralph O. Douglas v. Alamo Title Company

• Court: Court of Appeals of Texas
• Decided: January 27, 2005
• Docket: 14-04-01107-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 27, 2005

Dismissed and Memorandum Opinion filed January 27, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-01107-CV

RALPH O. DOUGLAS, Appellant

V.

ALAMO TITLE COMPANY, Appellee

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 03-52837

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 October 7, 2004.  The record was due December 6, 2004, but has not been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not establish indigency and did not make arrangements to pay for the record.

On January 6, 2005, notification was transmitted to all parties of the court=s intention 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).  On January 19, 2005, appellant filed a response in which he asserts that he filed an affidavit of indigence with the clerk of this court.  No affidavit of indigence was timely filed at this court.  Moreover, an appellant must file the affidavit of indigence in the trial court.  Tex. R. App. P. 20.1(c)(1).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 27, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.