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Stephen D. Diferrante v. George Wesley Bruner
01-16-00033-CV
| Tex. App. | Aug 11, 2016
|
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Case Information

*1 Opinion issued August 11, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00033-CV ——————————— 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 T EX . R. A PP . 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 *2 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 T EX . R. A PP . 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 T EX . R. A PP . P. 20.1(c).

We dismiss the appeal for want of prosecution. See T EX . R. A PP . P. 42.3(b) (allowing involuntary dismissal). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Huddle.

2

Case Details

Case Name: Stephen D. Diferrante v. George Wesley Bruner
Court Name: Court of Appeals of Texas
Date Published: Aug 11, 2016
Docket Number: 01-16-00033-CV
Court Abbreviation: Tex. App.
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