law-IFP-apeal | indigency affidavit | affidavit of indigence | in forma pauperis appeal |
IN FORMA PAUPERIS (IFP) APPEALS
KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC.; from Bexar County;
4th district (04-08-00779-CV, ___ SW3d ___, 03-11-09, pet. denied July 2009)
(indigency affidavit, IFP appeal denied)
KEITH RUSSELL JUDD v. KAREN Y. COREY-STEELE; from Ector County;
11th district (11-09-00002-CV, ___ SW3d ___, 02-26-09, pet. denied July 2009)
(IFP appeal denied, noncompliance with requirements)
Keith Russell Judd failed to comply with Tex. R. App. P. 20.1 when he filed his pro se notice of appeal.
Judd has filed numerous motions with this court attempting to proceed with his appeal without paying
costs. None of these motions comply with Rule 20.1, and each are overruled.
Judd has filed in this court multiple responses and briefs supporting this appeal. He continues to
challenge the 1997-98 proceedings he initiated concerning his relationship with Karen Y. Corey-Steele.
None of his contentions comply with the requirements of Rule 20.1. All of his contentions are overruled.
Judd was directed to file in this court the clerk=s record and the requisite filing fee on or before February
13, 2009. Judd has failed to file either. The clerk of the trial court has informed this court in writing that
Judd has failed to make the necessary arrangements to pay for the clerk=s record.
Therefore, failure to file the clerk=s record is due to Judd=s actions. Tex. R. App. P. 37.3(b).
The appeal is dismissed.
LAWRENCE W. FEW v. CATHERINE J. FEW; from El Paso County; 8th district (08-06-00234-CV, 271
SW3d 341, 08‑28‑08) As redrafted as amended (recusal of judge, denial of Indigency, pro se litigants)
affidavit of indigence)
IN THE INTEREST OF E.E.C., S.M.C., AND V.C.; from Harris County; 14th district (14-08-00167-CV, ___
SW3d ___, 07‑24‑08)(affidavit of indigence, IFP appeal)
dismissed as moot
Rule 20 requires a party to file an affidavit of indigence in the trial court with or before the notice of
appeal. Tex. R. App. P. 20(c)(1). The appellate court may grant an extension of time to file the affidavit
if, within 15 days after the deadline for filing the affidavit, the party files in the appellate court a proper
motion. Id. at 20(c)(3). In Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898 (Tex. 2006), the
supreme court allowed a party to file an affidavit of indigence 133 days after the filing of the notice of
appeal. However, a panel of this court held that Higgins does not apply to appeals from the termination
of parental rights. In re M.A., 222 S.W.3d 670, 671 (Tex. App.-Houston [14th Dist.] 2007, no pet.).
Appellant's affidavit of indigence had to be filed with or before the notice of appeal unless a proper
motion for extension was filed in the appellate court within 15 days after the deadline. The notice of
appeal was filed on February 21, 2008. Appellant did not file an affidavit of indigence until May 30,
2008. Thus, the affidavit of indigence was not timely filed.
Because appellant has not provided this court with proof of payment for the record, we order the appeal