Higgins v. Randall County Sheriff's Office

Lawrence Higgins, a pro se inmate, filed an appeal without paying a filing fee or filing an affidavit of indigence. When the court of appeals ordered him to pay the fee within ten days, Higgins filed an affidavit of indigence before the deadline. Because the court of appeals dismissed the appeal anyway, we reverse.

Higgins sued the Randall County Sheriffs Office after a fellow inmate assaulted him. The trial court dismissed his claim for want of prosecution. See TEX. R. CIV. P. 165a. Higgins filed a timely notice of appeal, but included neither a filing fee nor an affidavit of indigence. See…