Opinion
No. 14-08-00167-CV
Opinion filed July 24, 2008.
On Appeal from the 313th District Court, Harris County, Texas, Trial Court Cause No. 2007-05399J.
Panel consists of Justices YATES, ANDERSON, and BROWN.
MEMORANDUM OPINION
This appeal is from a judgment signed January 22, 2008. 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 June 12, 2008, 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). In response to our notice, appellant filed a letter with an affidavit of indigence attached. The State filed a motion to strike or alternatively to contest the affidavit.
Rule 20 requires a party to file an affidavit of indigence in the trial court with or before the notice of appeal. TEX. R. APP. P. 20(c)(1). The appellate court may grant an extension of time to file the affidavit if, within 15 days after the deadline for filing the affidavit, the party files in the appellate court a proper motion. Id. at 20(c)(3). In Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898 (Tex. 2006), the supreme court allowed a party to file an affidavit of indigence 133 days after the filing of the notice of appeal. However, a panel of this court held that Higgins does not apply to appeals from the termination of parental rights. In re M.A., 222 S.W.3d 670, 671 (Tex.App.-Houston [14th Dist.] 2007, no pet.).
Appellant's affidavit of indigence had to be filed with or before the notice of appeal unless a proper motion for extension was filed in the appellate court within 15 days after the deadline. The notice of appeal was filed on February 21, 2008. Appellant did not file an affidavit of indigence until May 30, 2008. Thus, the affidavit of indigence was not timely filed.
Because appellant has not provided this court with proof of payment for the record, we order the appeal dismissed.