NO. 07-06-0286-CV IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL B AUGUST 31, 2006

______________________________ KATHY M. ATKINSON, APPELLANT

V. EUSTACE INDEP ENDENT SCHO OL DISTRICT, APPE LLEE

_________________________________ FROM THE 173 RD DISTRIC T COURT O F HENDERSO N COUNTY; NO. 16,970-A; H ONORABLE DAN MOORE, JU DGE

_______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPIN ION Appellant

Kathy M. Atkinson appeals the trial court’ s judgment ag ainst her arising out of a s uit brought by appellee Eustace Independent Sc hool District for delinq uent property taxes. We will di smiss the appeal

. This appeal was transferred to us from the Twelfth C ourt of Appeals. Before it was transferred, the Twelfth Court sent appellant a letter asking that she remit the $125 filing fee by July

24, 2006. On our re ceipt of the file, t his court, by letter dated J uly 26, 2006, also notified appellant

that the req uired filing fee had notbeen paid. Our letter also1 Those rules deal with appe als fr om justice cour t in forcible entry and detainer actions. Appellant’sappe al isfrom a judgment of the 173 rd Distric t Court of Hender

son County in favor of Eustace Inde pendent School District for de linquent property taxes.

2 The Financial Stateme nt states that appellant has “only one income which is Social Security income of $935.00 per month and [her] medical expenses ex ceed [her] income. [She] get[s] some assist anc e with medi cal expense but the help [she receives ] does not meet all of [her] med ical expenses.”
2 advised appel lant that if the fee w as not paid by

August 7, 2006, her

appeal was subject to dismissal

. A ppellant

responded to the letters by filing “paupe r’s affidavits” that referred to Rule s of Civil Procedure “ 749a and/or 749b.” 1 In the affidavits , appellant sw ore that “[she is] not able to pay all of or

partof the costs of appeal”of the judgment “ because of [her] financ ial condition.”She also filed a doc umententitled “F inancial Statement,” whi ch describesher limited income and her medical expenses, 2 and states that t he costs “would b e a financial hardship to [appe llant].”
On August 7, 2006, this court sent another let ter to appellant conce rning the fil ing fee, referring her

to the rule g overning indigent appe als in civ il cases. Tex. R. App. P . 20.1. We advised appella nt, “[a] lthough you have filed information w ith regar d to your c laim of indigence, the information provided to date is inadequate pursuant to Rule 20.1(b) of the Texas Rules of Appell ate Procedure. Unless the fil ing fee in theamount of $125.00 is paid
or you h ave file d an affidavit containing all the information r equired to de monstrate indigence under Rule 20. 1(b) by Thur sday, Aug ust 17, 2006, this appeal will be subject to dismissal.”3 The three requirements are listed in t he conjunctive in Rule 20.1(a). Rule 20.1(c)

also providesthataffidavits of indigence a re to be filed in the trial court with or before the notice of appeal, and prov ide s a procedure for contes ts to the affidavi ts. We have no indication of a contest to appe llant’s affidavit. One ofappellant’s pauper’s affida vits bears a file stamp of

the Henderson C ounty District Cl erk, but neither of the affidav its was filed with or before her notice of app eal, or w ithin 15 days thereafter. Appel lant submitted no motion for e xtens ion o f tim e to f ile an aff idavi t ofindig ency. Tex. R. App. P. 20.1(c)(1), (3). W e none thel ess eva luate app ell ant’ s re spon ses to th e cou rt’ s le tter s in lig ht of th e requirements

of Rule 20.1(a)

and (b). See Higgins v. Randall County Sheriff’s Office , 193 S.W .3d 898, 899-900 (T ex. 2006) (addressing a similar circumstance). 3 In response to our August 7 letter, appellant has forw arded (1) cop ies of delinqu ent tax receipts with a note indicating she paid something in excess of $800 in delinq uent taxes in late June of th is year, (2) a copy of a notice of apprais ed value from the Henderson County Appraisal D istrict, and (3)a copy of a let ter from the Social S ecurity Administrati on regarding appellant’s mont hly benefit and health plan premiums. This information does not establish appellant’s i ndigence for purposes of the rulesthat govern our consider ation of appeals.
Rule of Appellate Procedure 20.1( a) provi des that a party who cannot

pay the cos ts in an appellate court may pr oceed withou t advance pay mentof costs if the party files an affidavit of indigence i n compliance with the rule ; the claim i s not contested or , if so, the contest is not sustained; and the pa rty timely files a notice of appeal. 3 Under Rule 20.1(b), the prescribe d conte nts ofan aff idavit ofindigenc e includ e, amo ng other information, complete info rmat ion a bou t the part y’ s income a nd expenses, h er real and per sonal property assets, and her ability to obtain a loan for court costs. In r e J. W. , 52 S.W.3d 730,4 Moreover , as noted, the i nformation appellant has pr ovided indi cates she paid over $800 to the taxi ng authoriti es in late Jun e of this year , casting do u bt on her clai m of indigency

. 4 731 -3 2 (Tex. 2001). The inform ation appellant has provided in respo nse to this court’s letters does not address all the top ics listed in Rule 20.1(b). 4 Appellant

has thus failed to comp ly w ith the req uirements of our Aug ust 7 letter giving her a reasonabl e time to correct the deficiency in her aff idavitconc erni ng ind igenc y. Tex. R. App. P. 44.3; In r e J. W. , 52 S.W.3d at 733. She also has failed to comply w ith the filing fee requirement. Tex. R. App. P. 5. Accordingly, the required notic e to all parties having bee n given, we dismi ss the appeal. Tex. R. App. P . 42.3(c).

James T. Campbell Justice