Carl Ruffino v. Tranum, Inc. d/b/a Tranum Auto Group & James E. Tranum--Appeal from 361st District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00282-CV

Carl Ruffino,

Appellant

v.

Tranum, Inc. d/b/a Tranum

Auto Group and James E. Tranum,

Appellees

From the 361st District Court

Brazos County, Texas

Trial Court No. 53172-CV

MEMORANDUM Opinion

Carl Ruffino appeals a directed verdict in favor of Tranum. He did not pay the filing fee and did not timely file an affidavit of indigence. See Tex. R. App. P. 20.1(c)(1). In September of 2004, the Clerk of this Court notified Ruffino that a $125 filing fee was due within 10 days from the date of the letter to prevent dismissal.

Ruffino has not complied with the Clerk s directive to pay this fee.

In January, the Clerk of this Court also notified Ruffino that the clerk s record from the trial court had not been filed because Ruffino failed to either pay or make arrangements to pay for the record. The Clerk warned Ruffino that if he did not pay or make arrangements to pay for the clerk s record and notify the Court of his actions within 10 days, Ruffino s appeal would be dismissed for want of prosecution.

We received no notice of Ruffino s compliance with the Clerk s directive.

In March, the Clerk of this Court gave Ruffino another chance because it came to the Court s attention that Ruffino may have filed an affidavit of indigence with the trial court. Ruffino was directed to, within 14 days, provide a file-stamped copy of the affidavit of indigence which, per his docketing statement, was filed. The trial court clerk was directed to file a signed copy of an affidavit previously filed, unsigned, with this Court attesting that Ruffino had not made a claim of indigence. Alternatively, the trial court clerk was directed to file with this Court any document that could be an affidavit of indigence by Ruffino.

Ruffino was warned that if he failed to provide a copy of the affidavit previously filed, or pay the filing fees due in this Court, or pay or make arrangements to pay for the record and provide proof thereof, the appeal would be dismissed. Ruffino was also warned that failure to timely respond to the Clerk s correspondence would likewise be grounds for dismissal of the appeal.

We received no response from Ruffino to any of the Clerk s directives.

We received, however, a signed letter from the trial court clerk stating that an Affidavit of Indigence has not been filed in this appeal.

Under these circumstances, we are left with no alternative but to dismiss the appeal. See Tex. R. App. P. 37.3(b); 42.3(c).

Thus, this appeal is dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed May 18, 2005

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