Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00791-CV
Michael Thomas PAUL,
Appellant
v.
Greg
Greg ABBOTT, Attorney General of the State of Texas,
Appellee
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CI-16843
Honorable Michael E. Mery, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: January 28, 2015
DISMISSED
On November 10, 2014, appellant filed a purported notice of appeal and an affidavit of
indigence in the trial court. On November 18, 2014, we issued an order explaining that the notice
of appeal was defective and ordering appellant to file a notice of appeal that complied with Texas
Rule of Appellate Procedure 25.1(d). See TEX. R. APP. P. 25.1(d). On December 15, 2014,
appellant filed an amended notice of appeal that complied with Rule 25.1(d). See id.
On December 3, 2014, the trial court signed an order sustaining the district clerk’s and the
court reporter’s contests to appellant’s affidavit of indigence and ordering appellant to pay all costs
04-14-00791-CV
on appeal including the costs charged by the district clerk for preparation of the clerk’s record. A
motion seeking review of this order was not timely filed. See TEX. R. APP. P. 20.1(j)(2).
On December 31, 2014, we ordered appellant to provide written proof to this court within
ten days of the date of our order that the fee for the clerk’s record had been paid or arrangements
had been made to pay the clerk’s fee. We warned that if appellant failed to respond within the time
provided, this appeal would be dismissed. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal
if clerk’s record is not filed due to appellant’s fault); see also TEX. R. APP. P. 42.3(c) (allowing
dismissal of appeal if appellant fails to comply with an order of this court). Appellant has failed to
provide written proof that the fee for the clerk’s record has been paid or arrangements have been
made to pay the clerk’s fee in accordance with our order. We, therefore, dismiss this appeal. See
TEX. R. APP. P. 37.3(b); see also TEX. R. APP. P. 42.3(c).
PER CURIAM
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