Columbus Broussard v. City of Beaumont--Appeal from 172nd District Court of Jefferson County

State: Texas

Court: Texas Northern District Court

Docket No: 09-03-00345-CV

Case Date: 08/31/2004

Plaintiff: Jackie North

Defendant: Richard Hults, M.D. et al--Appeal from 32nd District Court of Mitchell County

Preview:Jackie North v. Richard Hults, M.D. et al--Appeal from 32nd District Court of Mitchell County
/**/ 11th Court of Appeals Eastland, Texas Memorandum Opinion Jackie North Appellant Vs. No. 11-04-00112-CV Appeal from Mitchell County Richard Hults, M.D. et al Appellees Jackie North has perfected an appeal from the trial court s dismissal of his pro se cause of action. However, North failed to pay the $125 filing fee upon the filing of the notice of appeal. TEX.R.APP.P. 5. An affidavit of inability to pay was not filed pursuant to TEX.R.APP.P. 20.1. Absent a proper affidavit, the payment of a filing fee is required. Rule 5; Vineyard v. Collier, 994 S.W.2d 403 (Tex.App. - Eastland 1999, per curiam order). The clerk of this court has notified appellant that he needed to forward the filing fee or the appeal might be dismissed. In response to our request, North has filed in this court a motion to proceed in forma pauperis. North s motion is neither timely nor proper. Under Rule 20.1, inability to pay is to be asserted in the trial court at the time the appeal is perfected. The motion is overruled. The appeal is dismissed. PER CURIAM May 20, 2004 Not designated for publication. See TEX.R.APP.P. 47.2(a). Panel consists of: Arnot, C.J., and Wright, J., and McCall, J.

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