Opinion
NO. 01-10-01147-CV
03-29-2012
BILLIE LEON STRINGHAM, Appellant v. VICKI BUTLER , Appellee
On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Cause No. 2010-19614
MEMORANDUM OPINION
Appellant, Billie Leon Stringham, has neither established indigence nor paid all the required fees. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also TEX. GOV'T CODE ANN. § 51.207 (West Supp. 2011), § 51.941(a) (West 2005), § 101.041 (West Supp. 2011) (listing fees in court of appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in court of appeals). Although appellant filed two documents styled as "affidavits" of indigence, these documents do not in fact constitute affidavits and fail to invoke Rule of Appellate Procedure 20.1. See TEX. R. APP. P. 20.1(a)(2)(A); see also TEX. GOV'T CODE ANN. § 312.011(1) (West 2005); In re B.N., 303 S.W.3d 16, 18 (Tex. App.—Waco 2009, no pet.); Smith v. Hayes, 597 S.W.2d 488, 489 (Tex. Civ. App.—Fort Worth 1980, no writ); cf. TEX. CIV. PRAC. & REM. CODE ANN.§ 132.001 (West Supp. 2011). After being notified that this appeal was subject to dismissal, appellant filed a response and another purported "affidavit." These documents neither invoke Texas Rule of Appellate Procedure 20.1 nor constitute an adequate response. See TEX. R. APP. P. 5, 20.1(a)(2)(A), 42.3(b), (c); see also TEX. CIV. PRAC. & REM. CODE ANN. § 132.001; TEX. GOV'T CODE ANN. § 312.011(1); In re B.N., 303 S.W.3d at 18; Hayes, 597 S.W.2d at 489.
The full titles of appellant's filings are "Defendant and Counter-Plaintiff Pro Se', Billie Leon Stringham's First Amended Affidavit of Indigence for Appellate Procedure" and "Defendant and Counter-Plantiff Pro Se', Billie Leon Stringham's First Amended Affidavit of Indigence for Appellate Procedure Is Hereby Incorporated By Reference Into the Pleadings, Motions, And Other Papers Which Were Filed In the Court of Appeals for the First District of Texas at Houston and File Stamped By That Court On Feb. 22, 2011 at 8: A.M; And Are To Be Inserted Into Those Pleadings Following the Page Numbered As Page 26 of 28 and Immediately Preceeding the Page Numbered As Page 27 of 28."
The response is styled: "Re: Appellant, Billie Leon Stringham's Response to This Courts' Notice of Intent to Dismiss for Want of Prosecution Dated February 6, 2012 Which Was Received By Me On February 8, 2012 In Reference to the Appellate Case Number 01-10-01147-CV and Also Carries the Trial Court Case
Number 201019614 In the 333rd District Court, Harris County, Texas: and Appellant, Billie Leon Stringham's Objection to Such Proposed Dismissal; and Defendant and CounterPlaintiff Pro Se', Billie Leon Stringham's Second Amended Affidavit of Indigence for Appellate Procedure Which Invokes Texas Rule of Appellate Procedure 20.1 and Is Hereby Incorporated by Reference Into the Pleadings, Motions, and Other Papers Which Were Filed in the Court of Appeals for the First District of Texas at Houston and File Stamped by That Court on Feb. 22, 2011 at 8: A.M; and Are to Be Inserted Into Those Pleadings Following the Page Numbered as Page 26.4 of 28 and Immediately Preceeding the Page Numbered as Page 27 of 28:."
The filing was styled: "Defendant and Counter-Plaintiff Pro Se', Billie Leon Stringham's Second Amended Affidavit of Indigence for Appellate Procedure Which Invokes TRAP 20.1 and Is Hereby Incorporated by Reference Into the Pleadings, Motions, and Other Papers Which Were Filed in the Court of Appeals for the First District of Texas at Houston and File Stamped by That Court on Feb. 22, 2011 at 8: A.M; and Are to Be Inserted Into Those Pleadings Following the Page Numbered as Page 26.4 of 28 and Immediately Preceeding the Page Numbered as Page 27 of 28:."
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We dismiss the appeal for nonpayment of all required fees.
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.