Smith v. Hayes

OPINION

Submitted is the motion for extension of time for filing transcript and statement of facts of Tony Smith, representing himself as a person who either has perfected an appeal or as a person entitled to establish before the trial court his right to appeal by pauper’s affidavit.

January 2, 1980 Smith filed with the clerk of the trial court an instrument intended by him to constitute the affidavit of inability to pay the costs of appeal or give security therefor, as prescribed by Tex.R. Civ.P. 355. “Party Unable to Give Cost Bond.” However, there was neglect by Smith to obtain the services…