Carol Johnene Morris v. Jerry Bundick, Chief Appraiser et al--Appeal from 238th District Court of Midland County

Opinion filed August 14, 2008

In The

Eleventh Court of Appeals

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 No. 11-08-00077-CV

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 CAROL JOHNENE MORRIS, Appellant

V.

JERRY BUNDICK, CHIEF APPRAISER ET AL, Appellees

On Appeal from the 238th District Court

Midland County, Texas

Trial Court Cause No. CV46225

M E M O R A N D U M O P I N I O N

On February 19, 2008, Carol Johnene Morris filed a pro se notice of appeal from the trial court=s orders granting summary judgment and a dismissal. On the same day, Morris filed an affidavit of indigency. On February 22, 2008, the court reporter filed a timely contest to Morris=s claim of indigence. The trial court conducted a hearing relating to indigence and sustained the contest on March 3, 2008. By letter dated May 8, 2008, the clerk of this court notified Morris that she Amust make arrangements for paying for the Clerk=s Record and Reporter=s Record and file a Designation of Clerk=s Record@ in this cause. In the letter, we notified Morris that, if proof of payment and designation were not received in this court by May 23, 2008, her appeal would be subject to dismissal pursuant to Tex. R. App. P. 37.3(b). See also Tex. R. App. P. 42.3.

To date, Morris has not made arrangements to pay for the record and continues to reiterate her entitlement to a free record.[1] In response to our letter, Morris contends that the contest was untimely. We disagree. With respect to this appeal, the contest was filed three days after Morris=s notice of appeal and affidavit of indigency and, thus, was timely under Tex. R. App. P. 20.1(e). The hearing and order were also timely pursuant to Tex. R. App. P. 20.1(i). Contrary to Morris=s contention, the affidavit of indigency with respect to this appeal does not relate back to the affidavit of indigency that she filed pursuant to Tex. R. Civ. P. 145 on November 5, 2007.

Because Morris has failed to pay or make arrangements to pay the trial court clerk to prepare the clerk=s record and because Morris has failed to comply with an order of this court, we are authorized to dismiss this appeal pursuant to Rules 37.3(b) and 42.3.

The appeal is dismissed.

PER CURIAM

August 14, 2008

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

[1]We note that, on this same day in Cause No. 11-08-00124-CV, we have affirmed an earlier order sustaining contests to Morris=s claim of indigence relating to a separate appeal, Cause No. 11-08-00013-CV.