Joseph Larry Porter v. Charles A. Brown--Appeal from 125th District Court of Harris County

Dismissed and Memorandum Opinion filed September 29, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00707-CV

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JOSEPH LARRY PORTER, Appellant

V.

CHARLES A. BROWN, Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 04-00986

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

This is an appeal from a judgment signed June 28, 2005. No clerk=s record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.

On August 22, 2005, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b).

Appellant filed a response, asking for a free copy of the record. This motion is denied. To establish indigence, a party must file an affidavit of indigence in the trial court with or before the notice of appeal. Tex. R. App. P. 20.1(c)(1). Appellant=s response does not state that he filed an affidavit of indigence with or before the filing of the notice of appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 29, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.