Higgins v. Randall County Sheriffs Office

Lawrence Higgins appealed an order dismissing his suit for want of prosecution. By letter dated January 5, 2005, this Court notified him that the required fifing fee of $125.00 had not been paid, and that if it was not paid within ten days from the date of the letter, his appeal may be dismissed. Appellant responded by fifing an untimely affidavit of indigence with us.

Rule 20.1(c)(1) of the Texas Rules of Appellate Procedure provides that an affidavit of indigence must be filed in the trial court with or before the notice of appeal. The notice of appeal at bar was filed on September 3, 2004,…