COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER AND NOTICE OF INTENT TO DISMISS

Appellate case name: Carolyn Johnson-Thomas v. Ezra Thomas, III

Appellate case number: 01-15-00007-CV

Trial court case number: 2014-00630

Trial court: 310th District Court of Harris County

On January 6, 2015, appellant, Carolyn Johnson-Thomas, proceeding pro se

(without an attorney), timely filed a notice of appeal in the trial court from that court’s 

December 31, 2014 decree of divorce. See TEX. R. APP. P. 25.1(a), 26.1. Because 

appellant had not timely paid the $195 appellate filing fee, the Clerk of this Court mailed

a notice on January 27, 2015, advising her that she had neither established indigence nor 

paid the filing fee and, as a result, her appeal was subject to dismissal unless she paid the 

filing fee by February 26, 2015. See TEX. R. APP. P. 5 (requiring payment of fees in civil 

cases unless indigent), 42.3(c) (allowing involuntary dismissal of case for failure to 

comply with clerk’s notice). In response to our Clerk’s notice, appellant filed a letter in 

this Court on February 23, 2015, claiming that, among other things, after being directed 

by the trial clerk to contact the Legal Aid Office, they could not give her the affidavit 

form, she still does not have an attorney, and cannot afford one.

Although the clerk’s record was filed on March 4, 2015, there is no indication in 

our Clerk’s records that appellant paid for it. And on March 9, 2015, the trial court 

reporter filed an information sheet in this Court stating that, while there is a reporter’s 

record, the appellant has neither requested the reporter’s record be prepared nor paid for 

or made arrangements to pay for that record.

Appellant did not file an affidavit of indigence with her notice of appeal in the trial 

court. See TEX. R. APP. P. 20.1(c)(1)(A). However, while we may extend the time to file 

an affidavit of indigence if the appellant files a motion for an extension of time within 15 

days of the notice of appeal, the appellate “court may not dismiss the appeal or affirm the 

trial court’s judgment on the ground that the appellant has failed to file an affidavit or a 
sufficient affidavit of indigence unless the court has first provided the appellant notice of 

the deficiency and a reasonable time to remedy it.” See TEX. R. APP. P. 20.1(c)(3).

The Court construes appellant’s pro se letter as a letter-motion for an out-of-time 

extension of time to file an affidavit of indigence with the trial court or to pay the filing 

fee and grants the motion. Accordingly, it is ORDERED that appellant file an affidavit 

of indigence with the trial court or pay the $195.00 appellate filing fee to the Clerk of this 

Court within 30 days of the date of this order, or else appellant is warned that this

appeal may be dismissed without further notice. See TEX. R. APP. P. 5, 42.3(c). 

Because the appellant is proceeding pro se, appellant is directed to contact the Harris 

County District Clerk’s Office for a sample affidavit of indigence that complies with 

Texas Rule of Appellate Procedure 20.1(b) and the procedures that may follow the filing 

of such an affidavit. See TEX. R. APP. P. 20.1(b), (e)-(j).

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

  Acting individually  Acting for the Court

Date: April 9, 2015