Velasquez v. Harrison

OPINION

The appellee has filed a motion to dismiss this appeal for want of jurisdiction. We grant the motion and dismiss the appeal. In so doing, we hold that an appellant whose affidavit of inability to pay costs on appeal is found to be filed in bad faith is not entitled to *769the automatic 10-day extension found in Texas Rule of Appellate Procedure 41(a)(2).

Facts

The appellant attempted to appeal as an indigent, and both the appellee and the district clerk filed contests to his affidavit of inability to pay costs on appeal. The trial judge sustained the contest and found that the affidavit was…