NO. 07-01-00316--CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 27, 2001
______________________________RAYMOND BISHOP,
Appellant
v.
ROBERT VICKERS,
Appellee
______________________________FROM THE 151ST DISTRICT COURT OF HARRIS COUNTY;
NO. 98-56711; HON. CAROLINE E. BAKER, PRESIDING
______________________________
ORDER ON APPELLANT'S MOTION TO DISMISS APPEAL
Before BOYD, C.J., QUINN and JOHNSON, JJ.
Raymond Bishop, appellant, has moved to dismiss his appeal contending that he "has sustained new injuries for which he has additional or further remedies rather than appeal." Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's personal request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
Brian Quinn
Justice
Do not publish.
ment of costs if the party files an affidavit of indigence in compliance with the Rules. Rule 20.1(c) provides that an affidavit of indigence must be filed in the trial court with or before the notice of appeal, and Rule 20.1(c)(3) further provides that the time in which to file the affidavit may be extended if, within 15 days after the date the notice of appeal was filed, the party files a motion for extension of time in compliance with Rule 10.5(b). (Emphasis added).
Appellant's motion to proceed in forma pauperis and his affidavit of poverty was not filed in the trial court with or before his notice of appeal nor was it filed within the 15-day window with a motion for extension of time. See Mikkilineni v. City of Houston, 4 S.W.3d 298, 299 (Tex.App.-Houston [1st Dist.] 1999, no pet.). Moreover, the Texas Rules of Appellate Procedure do not provide for an affidavit mistakenly filed in this Court to be deemed filed in the trial court. Holt v. F.F. Enterprises, 990 S.W.2d 756, 759 (Tex.App.-Amarillo 1998, pet. denied). Thus, because appellant's affidavit was untimely filed in this Court, it is ineffective to excuse him from paying the $125 filing fee. Failure to pay the fee within 15 days may result in dismissal of this appeal. Tex. R. App. P. 42.3(c). Accordingly, appellant's motion is overruled.
Per Curiam
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.