NUMBER 13-12-00560-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOSE A. GARCIA, Appellant,
v.
PATRICIA SUAREZ AND
GONZALO GARCIA, Appellees.
____________________________________________________________
On appeal from the 404th District Court
of Cameron County, Texas.
____________________________________________________________
ORDER
Before Justices Rodriguez, Benavides, and Perkes
Order Per Curiam
On August 19, 2014, this Court abated this appeal and remanded the cause to the
trial court because appellant had filed an affidavit of indigence. See TEX. R. APP. P. 20.1.
A supplemental clerk’s record filed on September 15, 2014, contains the trial court’s order
sustaining contest to affidavit of indigence.
Texas Rule of Appellate Procedure 20.1(j)(1) provides that “If the trial court
sustains a contest, the party claiming indigence may seek review of the court’s order by
filing a motion challenging the order with the appellate court without advance payment of
costs.” TEX. R. APP. P. 20.1(j)(1). Unless an extension is granted, “[t]he motion must
be filed within 10 days after the order sustaining the contest is signed, or within 10 days
after the notice of appeal is filed, whichever is later.” TEX. R. APP. P. 20.1(j)(2).
On October 9, 2014, appellant filed an “Application to Proceed in Appellate Court
Without Prepaying Fees or Costs under T.R.A.P. Rule 20.” Appellant has not filed a
motion challenging the trial court’s order. Even if we were to construe appellant’s
application as a motion to challenge the trial court’s order, it was untimely because it was
not filed within 10 days of either the signed order or the notice of appeal. Thus, appellant
has not established indigence and is not entitled to proceed with his appeal without the
advance payment of costs.
Accordingly, appellant is ORDERED to pay the $175 filing fee to this Court no later
than 30 days from the date of this order, or the Court will dismiss this appeal. See TEX.
R. APP. P. 5, 42.3.
PER CURIAM
Delivered and filed the
21st day of October, 2014.
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