Summary
providing that, under rules 26.1 and 26.3, “the longest period of time an appellant may have to file a notice of appeal is six months and 15 days for a restricted appeal”
Summary of this case from L.J. v. Dept. of FamilyOpinion
No. 05-03-00936-CV
Opinion Filed July 24, 2003.
On Appeal from the 303rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. DF97-18100-V
DISMISSED
Before Justices Whittington, O'Neill and Richter
MEMORANDUM OPINION
The required $125 filing fee has not been remitted in this appeal. In a notice dated June 23, 2003, appellant was instructed to remit the $125 filing fee and was informed that failure to do so would result in the dismissal of this appeal for want of prosecution, without further notice from the Court. In a letter dated June 29, 2003, appellant stated he desires to proceed in this appeal as an indigent and asked that a "special form to proceed forma pauperis" be sent to him. By letter dated July 8, 2003, the Court informed appellant that the trial court determines whether an appellant may proceed as an indigent and that the appellant must file an affidavit of indigence with the trial court after the judgment on appeal is entered and on or before the notice of appeal is filed. See Tex.R.App.P. 20.1(c); Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex.App.-Amarillo 1998, pet. denied). The Court informed appellant that it has received no documentation from the trial court or from the appellant that he has been found to be indigent by the trial court. Appellant was instructed to file documentation with the Court showing that he had timely filed an affidavit of indigence with the trial court or to remit the $125 filing fee. Appellant was informed that failure to provide the requested documentation or to remit the $125 filing fee would result in the dismissal of this appeal for want of prosecution without further notice from the Court.
On July 21, 2003, appellant filed with this Court appellant's "motion affidavit of indigence." This document does not bear the file mark of the trial court and was notarized on July 15, 2003, twenty-two days after the notice of appeal was filed on June 23, 2003. Appellant has failed to remit the $125 filing fee or provide this Court with proof that he timely filed his affidavit of indigence with the trial court on or before the date the notice of appeal was filed.
Additionally, appellant's notice of appeal, filed with the trial court on June 23, 2003, does not state the date of the judgment on appeal. According to appellant's notice of appeal, appellant is attempting to appeal a default judgment terminating his parental rights over eight months ago. Under appellate rules 26.1 and 26.3, the longest period of time an appellant may have to file a notice of appeal is six months and 15 days for a restricted appeal. In the July 8, 2003 letter, we also informed appellant that his notice of appeal is defective and appears to be untimely. We instructed appellant to amend his notice of appeal to state the date the judgment on appeal was signed. We informed appellant that failure to respond could result in the dismissal of his appeal for want of jurisdiction. Appellant has failed to amend his notice of appeal.
Therefore, on the Court's own motion, we DISMISS this appeal for want of prosecution and for want of jurisdiction. See Tex.R.App.P. 42.3(a),(b), (c).