City of San Antonio Building 

7

Fourth Court of Appeals

San Antonio, Texas

March 10, 2015

No. 04-14-00508-CV

Rudy MENDEZ,

Appellant

v.

CITY OF SAN ANTONIO BUILDING STANDARDS BOARD,

Appellee

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-CI-08659

Honorable Barbara Hanson Nellermoe, Judge Presiding

ORDER

On December 4, 2014, the trial court signed an order granting the contests to appellant’s 

affidavit of indigence. Texas Rule of Appellate Procedure 20.1 provides as follows:

1) Motion. If the trial court sustains a contest, the party claiming indigence may 

seek review of the court’s order by filing a motion challenging the order with the 

appellate court without advance payment of costs.

(2) Time for Filing; Extension. The motion must be filed within 10 days after the 

order sustaining the contest is signed, or within 10 days after the notice of appeal 

is filed, whichever is later. The appellate court may extend the time for filing on 

motion complying with Rule 10.5(b).

TEX. R. APP. P. 20.1(j)(1),(2) (emphasis added).

Therefore, appellant’s request for review of the trial court’s order was due no later than 

December 15, 2014. Appellant filed a letter, which we construe as an appeal from the trial 

court’s order granting the contests, on February 9, 2015. However, because appellant did not 

timely seek review of the trial court’s December 4, 2014 order, we do not consider the merits of 

his appeal from the order sustaining the contests. Therefore, appellant is required to pay the 

following costs on appeal.
A filing fee of $195.00 was due from appellant when this appeal was filed but it was not 

paid. See TEX. GOV’T CODE ANN. § 51.941(a) (West 2013); id. §§ 51.0051, 51.207(b)(1), 51.208 

(West 2013); TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE 

SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL 

ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013).

A party who is not excused by statute or these rules from paying costs must pay B

at the time an item is presented for filing B whatever fees are required by statute 

or Supreme Court order. The appellate court may enforce this rule by any order 

that is just.

TEX. R. APP. P. 5. 

We therefore ORDER appellant, not later than March 19, 2015, to pay the applicable 

filing fee. If appellant fails to respond satisfactorily within the time ordered, this appeal will be 

dismissed. See TEX. R. APP. P. 42.3.

The clerk’s record of the underlying case has not been filed. Therefore, we further 

ORDER appellant to provide written proof to this court no later than March 19, 2015 that the 

clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee. If appellant 

fails to file such written proof within the time provided, this appeal will be dismissed for want of 

prosecution. See TEX. R. APP. P. 37.3(b). 

The reporter’s record of the underlying case has not been filed. Therefore, if appellant 

desires a reporter’s record, and has not already done so, appellant is hereby ORDERED to (1) 

request in writing, no later than March 19, 2015, that a reporter’s record be prepared and (2) 

designate in writing, no later than March 19, 2015, the exhibits and those portions of the record 

to be included in the reporter’s record. Id. The appellant is hereby ORDERED to file a copy of 

the request with both the trial court clerk, id. at 34.6(b)(2), and this court no later than March 19, 

2015.

It is also ORDERED that appellant provide written proof to this court no later than March 

19, 2015 that the reporter’s fee has been paid or arrangements have been made to pay the 

reporter’s fee. If appellant fails to provide such written proof within the time provided, this court 

will only consider those issues or points raised in appellant’s brief that do not require a reporter’s 

record for a decision. See TEX. R. APP. P. 37.3(c).

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 10th day of March, 2015.

___________________________________

Keith E. Hottle

Clerk of Court