Objection Sustained and Order filed May 16, 2019 

In The

Fourteenth Court of Appeals

____________

NO. 14-19-00242-CV

____________

MICHAEL A. MCCANN, Appellant

V.

SPENCER PLANTATION INVESTMENTS LTD, Appellee

On Appeal from the 239th District Court

Brazoria County, Texas

Trial Court Cause No. 96820-CV

ORDER

The notice of appeal in this case was filed March 21, 2019. To date, the filing 

fee of $205.00 has not been paid.

The Supreme Court of Texas approved a form Statement of Inability to Afford 

Payment of Court Costs or an Appeal Bond (“Form Statement”). See Misc. Docket 

No. 16-9122 (issued Aug. 31, 2016; effective Sept. 1, 2016). Any party who seeks 

to proceed without payment of court costs must use the Form Statement or must 
2

include the information required by the Form Statement. Tex. R. Civ. P. 145(b). A 

party must provide in the statement and, if available, in attachments to the statement, 

evidence of the party’s inability to afford costs. Tex. R. Civ. P. 145(e). Rule 145(e) 

provides examples of evidence the party may use.

On April 11, 2019, appellant filed in this court a document entitled, “Affidavit 

to Proceed Impecuniously with Attached Memorandum.” The memorandum to the 

affidavit is entitled, “Memorandum of Points and Authorities in Support of 

McCann's Request to Proceed Impecuniously Without Prepayment of Fees/Costs or

Having to Fill Out and File Any Ritualistic Forms.” In the affidavit, which is not 

verified, McCann states in conclusory fashion that:

• he lacks funds to pay any amount as filing fees, 

• he has no real property interest, 

• he is unable to borrow money because he lacks collateral or credit, 

• he has no insurance policies of any cash value, 

• he owns no stocks or bonds, 

• he owns no convertible insurance policies or jewelry, 

• his liabilities equal or exceed his costs, and

• “what meager funds McCann has are necessary to support himself and his 

dependents, and are minimal for that purpose.”

McCann also quotes the Magna Carta and says he “cannot be compelled to resort to 

filing any ritualistic form, if any, because he lacks the competence to interpret the 

meaning of the words used.” The clerk’s record reflects McCann filed an identical 

affidavit and memorandum in the trial court.

On April 23, 2019, appellee Spencer Plantation Investments, Ltd. objected to 

appellant’s claim of indigent status. Appellee contends appellant’s affidavit does not 
3

satisfy the requirements of Texas Rule of Civil Procedure 145 or Texas Rule of 

Appellate Procedure 20.1.

We agree the affidavit and memorandum appellant filed both in the trial court 

and in this court do not satisfy the requirements of Rule 145. First, appellant has not 

included the information required by the Form Statement. Second, the affidavit is 

not verified by a declaration made under penalty of perjury. (The memorandum is 

notarized, but the notarization does not suffice as the declaration required by the 

Form Statement.)

Accordingly, we ORDER as follows:

1. Appellee’s objection to appellant’s claim of indigent status is 

SUSTAINED. 

2. On or before May 28, 2019, appellant must either (1) pay the appellate 

filing fee of $205.00 to the clerk of this court; or (2) file a statement of 

inability to afford payment of costs that complies with Texas Rule of Civil 

Procedure 145 and Texas Rule of Appellate Procedure 20.1. The Form 

Statement may be obtained from many sources, including:

• the Forms attached to the Texas Rules of Civil Procedure, and

• the Self-Help Resources section of the website of the Supreme Court of 

Texas (www.txcourts.gov/supreme/self-help-resources).

3. If appellant does not pay the filing fee or file a satisfactory statement of 

inability to afford payment of costs in accordance with this order, we will 

dismiss the appeal. See Tex. R. App. P. 42.3(c) (allowing involuntary 

dismissal of case because appellant has failed to comply with notice from 

clerk requiring response or other action within specified time). 

PER CURIAM

Panel consists of Justices Christopher, Bourliot, and Zimmerer