Narrative Opinion Summary
The appeal by Oliver Levige is dismissed due to lack of prosecution stemming from his failure to establish indigence or pay the required filing fee. The trial court issued a judgment on May 24, 2007. Levige incorrectly submitted his affidavit of indigence to the Court on July 23, 2007, which was then sent to the district clerk, resulting in a contest. On August 6, 2007, the trial court upheld the contest. Subsequently, on August 7, 2007, the Court clerk informed Levige that he had not paid the necessary fees and that he needed to either pay by August 27, 2007, or provide a written explanation for his exemption from the fees. As of August 27, 2007, Levige failed to respond or pay, leading to the dismissal of his appeal in accordance with Texas Rules of Appellate Procedure 5 and 42.3(c). The panel for this decision included Justices Taft, Hanks, and Higley.
Legal Issues Addressed
Affidavit of Indigence Requirementsubscribe to see similar legal issues
Application: The appellant incorrectly submitted his affidavit of indigence, which led to a contest that was upheld by the trial court, ultimately contributing to the dismissal of the appeal.
Reasoning: Levige incorrectly submitted his affidavit of indigence to the Court on July 23, 2007, which was then sent to the district clerk, resulting in a contest. On August 6, 2007, the trial court upheld the contest.
Application of Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The dismissal of the appeal was executed in accordance with specific Texas appellate procedural rules that govern the consequences of failing to comply with court requirements.
Reasoning: As of August 27, 2007, Levige failed to respond or pay, leading to the dismissal of his appeal in accordance with Texas Rules of Appellate Procedure 5 and 42.3(c).
Dismissal of Appeal for Lack of Prosecutionsubscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to take necessary actions to continue with the appeal process, such as paying the required filing fee or establishing indigence.
Reasoning: The appeal by Oliver Levige is dismissed due to lack of prosecution stemming from his failure to establish indigence or pay the required filing fee.
Notification and Opportunity to Cure Filing Deficienciessubscribe to see similar legal issues
Application: The appellant was notified of the deficiency regarding the filing fee and given a deadline to either pay the fee or provide a written explanation for exemption, which he failed to do.
Reasoning: On August 7, 2007, the Court clerk informed Levige that he had not paid the necessary fees and that he needed to either pay by August 27, 2007, or provide a written explanation for his exemption from the fees.