Ralph O. Douglas v. Vernon & Clara King

• Court: Court of Appeals of Texas
• Decided: April 29, 2004
• Docket: 14-04-00103-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 29, 2004

Dismissed and Memorandum Opinion filed April 29, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00103-CV

RALPH O. DOUGLAS, Appellant

V.

VERNON and CLARA KING, Appellees

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 01-57519

M E M O R A N D U M   O P I N I O N

This is an appeal from a summary judgment signed January 20, 2004.  Appellant filed his notice of appeal on February 5, 2004.  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 March 31, 2004, 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).  On April 5, 2004, appellant responded by submitting an affidavit of inability to pay costs.

Appellant must file the affidavit of indigence in the trial court with or before the notice of appeal.  Tex. R. App. P. 20.1(c)(1).  Because appellant=s affidavit was required to be filed in the trial court on or before February 5, 2004, when the notice of appeal was filed, appellant=s affidavit filed in this court is both improper and untimely.  The Harris County District Clerk=s office informed this court that it had no affidavit of indigence on file.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 29, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.