Order issued January ·30 ,2013
In The
Qrnurt nf App.eals
lliifth, ilistrirt nf W.exas at ilallas
No. 05-12-01509-CV
JEFFREY LONGINO AND GERALLYN LONGINO, Appellants
V.
WILLIAM R. EGAN, Appellee
ORDER
The clerk's record in this appeal was due to be filed no later than November 23, 2012. At
the time the record was due, the trial court had pending before it appellant Gerallyn Longino's
affidavit of indigence and claim that she could not pay the costs associated with the appeal. See TEX.
R. APP. P. 20.1. On December 17, 2012, following a hearing on a contest to the affidavit, the trial
court determined that neither appellant Gerallyn Longino nor appellant Jeffrey Longino is indigent
and ordered them both to pay all fees and costs associated with the appeal. See id. 20.1 (i). By letter
dated January 24,2013, Collin County Clerk Stacey Kemp informed the Court that appellants have
failed to comply with the trial court's order, and she requested an extension of time to file the clerk's
record until appellants pay the fee.
Because the trial court clerk is responsible for preparing the record only after appellant has
paid for the clerk's fee, made payment arrangements with the clerk, or been found entitled to proceed
without payment of the fee, we GRANT the extension motion and ORDER appellants to file, no
later than February 11,2013, written verification that they have paid or made arrangements to pay
for the record. See id. 35.3(a). The clerk's record shall then be filed within ten days of receipt of
payment or the making of payment arrangements. Appellants are cautioned that failure to comply
with this order will result in dismissal of this appeal without further notice. See id. 37.3(b).
-2-
Stacey Kemp, County Clerk
2100 Bloomdale Road, Suite 12165
McKinney, Texas 75071
COLLIN COUNTY 972-548-6423
972-548-6433Fax
www.collincountytx.gov
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RECEIVED
COURT OF APPEALS FXLIED IN
Court of Appeals
JAN 2 4 2013
USA MA fZ JAN 2 4 Z013
CLERK, 5th DISTRICT
Usa Matz
January 22, 2013 Clerk~ 5th District
o5-t2- ot5oll -o1
Court of Appeals
600 Commerce Street. 2nd Floor
George Allen Senior Courts Building
Dallas, Texas 75202
RE: Notice of Appeal on our File No: 006-02699-2012
~STYLED: William R. Egan vsJeffery Longino, Gerallynn Longino
To Whom It May Concern:
I am requesting an extension on the Notice of Appeal filed in Collin County Court at Law on cause number 006-02699-
2012. The deadline for the Clerk's record was November 23, 2012. The appellant bas failed to pay the fee for the Cl~'s
Record. The fee is $92.00. I appreciate your ~pside@.p_on in this matter; please feel free to contact me if needed.
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12/18/2012 scanned
NO. 006-2699--2012
WILLIAM: R. EGAN § INTHECOUNIYCOURTATLAW
Plaintiff, §
§
v. § N0.6
§
JEFFERY LONGINO and GERALLYNN §
LONGINO §
Defendants. § COLUN COUNTY, TEXAS
ORDER SUSTAINING CONTEST TO INDIGENCY
On December 14, 2012, in accordance with the instructions from the Clerk of the Dallas Court of
Appeals in her letter of December 6, 2012, came on to be considered in the Co1n1ty Court at Law No. 6,
Collin Co1n1ty, Texas, the AFRO AVIT OF INDIGENCY filed by Gerallynn Longino on November 15, 2012,
in the Dallas Court of Appeals 1n1der Case No. 05-12-01509-CV, and the Court, having considered the
evidence and argument, finds that the contests to the AFRDAVIT OF INDIGENCY were timely filed and
heard and they should be sustained for the reason that Jeffery Longino and Gerallynn Longino have failed
to sustain their burden of proof as required by TEx. R. av. P. 145 and also TEx. R. APP. P. 20.1(g). The
Court expressly and specifically finds that Jeffery Longino and Gerallynn Longino are not indigent. The
discussion. analysis, comments, findings, and rulings of the Court during the hearing held December 14,
-;. :-• . -· set-forth. h~in.
2012,. are ,incorporated in this ORDER as if. fully . . ..
. . , - ._... . .,._ .. . ...
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IT JS .mEREFORE ORDERED, AiiJUDGED, AND DECREED thai Jeffery Loilgino arid
Gerallynn Longino may oot proceed on appeal as pauper or without paying aU applicable costs and fees;
IT IS FURTHER ORDE;RED that Jeffery Longino and Gerallynri Longino be and hereby are
ordered to pay the filing fees and all other applicable f~s and/or costs of any kind or nature associated
J:kCY
with the filing, prosecution, and/or appeal of this case.
SIGNEDthistheJ2of
Honorable Jay Bender, Presiding
ORDER SUSTAfNING CO~'TEST TO GERALLTh"N LONGL"!O'S AFFIDAVIT OF INABUJTY ro PAY COS1S
PAGE SOLO