Opinion

Billie Leon Stringham v. Vicki Butler

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 29, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued March 29, 2012.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-10-01147-CV

———————————

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, [1]

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 [2]

and another purported “affidavit.” [3] 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 .

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.

[1] 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.”

[2] 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 2010-19614 In the 333 rd

District Court, Harris County, Texas: and Appellant, Billie Leon Stringham’s

Objection to Such Proposed Dismissal; and Defendant and Counter-Plaintiff

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: .”

[3] 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: .”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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