Dismissed and Memorandum Opinion filed March 29, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-06-00892-CV
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FIRAS KADHUM and JOELLIE SHAWNLET REGAN, Appellant
V.
HOMECOMINGS FINANCIAL NETWORK, INC. and DEUTSCHE BANK TRUST COMPANY AMERICAS f/k/a BANKERS TRUST COMPANY, Appellees
On Appeal from the 269th District Court
Harris County, Texas
Trial Court Cause No. 2004-24168
M E M O R A N D U M O P I N I O N
Appellants failed to pay the $125.00 appellate filing fee in this appeal. See Tex. R. App. P. 5; see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). In addition, the clerk=s record was not filed. On October 11, 2006, this court notified appellant that the appeal was subject to dismissal for failure to pay the appellate filing fee and for preparation of the clerk=s record. On October 23, 2006, appellant, Firas Kadhum, filed an affidavit of indigence with this court in response to our notices. Appellant Joellie Shawnlet Ragan has not responded to any of this court=s notices.
AAn 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). The trial court clerk must then promptly send a copy of the affidavit to the appropriate court reporter. Tex. R. App. P. 20.1(d)(1). Rule 20 sets forth the required contents for affidavits of indigence. Id. at (b). Appellant=s affidavit filed in this court did not comply with Rule 20.
Although an affidavit of indigence is no longer used to invoke appellate jurisdiction, it is no less essential to an appeal, and thus, an appellant should be given an opportunity to amend a defective affidavit of indigence before a court of appeals may dismiss the appeal. Tex. R. App. P. 44.3; In re J.W., 52 S.W.3d 730, 733 (Tex. 2001). In addition, the Texas Supreme Court has now authorized late-filing of an affidavit of indigence in the court of appeals. See Higgins v. Randall County Sheriff=s Office, 193 S.W.3d 898, 899 (Tex. 2006). Relying on Higgins, this court abated the appeal and ordered appellant Firas Kadhum to file an amended affidavit of indigence in compliance with Texas Rule of Appellate Procedure 20.1 with the clerk of the trial court. Our order directed the steps to be taken regarding any contest to the affidavit and required the trial court to submit a partial clerk=s record containing documents relevant to appellant=s indigency claim and the trial court=s findings of fact and conclusions of law.
The partial clerk=s record containing the requested documents and the trial court=s findings of fact and conclusions of law has now been filed. Accordingly, we REINSTATE the appeal. Among other findings, the trial court found that the judgment that appellants are attempting to appeal was signed October 3, 2005. Appellants did not file a notice of appeal until September 6, 2006. The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law. See Tex. R. App. P. 26.1. Therefore, appellants= notice of appeal was not filed timely.
On March 5, 2007, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellants have failed to demonstrate that this court has jurisdiction over the appeal.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed March 29, 2007.
Panel consists of Chief Justice Hedges and Justices Fowler and Edelman.