Opinion issued December 9, 2004
In The
Court of Appeals
For The
First District of Texas
NO. 01–04–00409–CV
THOMAS RETZLAFF, Appellant
V.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellee
On Appeal from the 149th District Court
Brazoria County, Texas
Trial Court Cause No. 13544*I00
MEMORANDUM OPINIONAppellant, Thomas Retzlaff, has neither established indigence nor paid all the required fees. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov’t Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon Supp. 2004) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). Although appellant has asserted that he filed an affidavit of indigence that was not contested, an examination of the clerk’s record and the supplemental clerk’s record shows that the affidavit to which appellant refers is one he filed on April 3, 2001, covering his inability to pay trial court costs. See Tex. R. Civ. P. 145. Appellant did not, however, file a postjudgment affidavit of indigence with his February 20, 2004 notice of appeal. See Tex. R. App. P. 20.1. Neither did he file a motion for extension of time to file a postjudgment affidavit of indigence. See Tex. R. App. P. 20.1(c)(3).
Accordingly, because appellant did not establish indigence or pay all the required fees, we dismiss his appeal. See Tex. R. App. P. 42.3(c) (“on its own initiative after giving ten days’ notice to all parties—the appellate court may dismiss the appeal . . . . Dismissal . . . may occur if the appeal is subject to dismissal : . . because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.”); see also Holt v. E.F. Enterprises, 990 S.W.2d 756, 758 (Tex. App.—Amarillo 1998, pet. denied) (“a new affidavit of indigence must be filed in the trial court after the judgment for purposes of appeal, regardless of whether appellant filed an affidavit in the trial court under Rule 145 of the Texas Rules of Civil Procedure.”).
PER CURIAM
Panel consists of Justices Nuchia, Jennings, and Hanks.