Opinion issued August 11, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00033-CV
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STEPHEN D. DIFERRANTE, Appellant
V.
GEORGE WESLEY BRUNER, Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Case No. 1068375
MEMORANDUM OPINION
Appellant, Stephen D. Diferrante, has neither established indigence, nor paid,
or made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R.
APP. P. 20.1 (listing requirements for establishing indigence), 37.3(b) (allowing
dismissal of appeal if no clerk’s record filed due to appellant’s fault). To proceed in
the appellate court without payment of costs, an appellant must file an affidavit of
indigence in the trial court with or before the notice of appeal and the affidavit must
be in compliance with the requirements of Rule 20.1(b). See TEX. R. APP. P.
20.1(a)(2), (b). The previous filing of an affidavit of indigence in the trial court does
not meet the requirement of Rule 20.1. See id. at 20.1(c)(1). After being notified
that this appeal was subject to dismissal, appellant responded that he had filed an
affidavit of indigence, but the affidavit was filed in the trial court and not pursuant
to Rule 20.1. Accordingly, this previously-filed affidavit does not satisfy the
requirements of Rule 20.1. See TEX. R. APP. P. 20.1(c).
We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b)
(allowing involuntary dismissal). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Brown, and Huddle.
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