                             NUMBER 13-12-00560-CV

                              COURT OF APPEALS

                    THIRTEENTH DISTRICT OF TEXAS

                       CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE A. GARCIA,                                                               Appellant,

                                                v.

PATRICIA SUAREZ AND
GONZALO GARCIA,                                    Appellees.
____________________________________________________________

             On appeal from the 404th District Court
                  of Cameron County, Texas.
____________________________________________________________

                                        ORDER
             Before Justices Rodriguez, Benavides, and Perkes
                             Order Per Curiam

       On August 19, 2014, this Court abated this appeal and remanded the cause to the

trial court because appellant had filed an affidavit of indigence. See TEX. R. APP. P. 20.1.

A supplemental clerk’s record filed on September 15, 2014, contains the trial court’s order

sustaining contest to affidavit of indigence.
       Texas Rule of Appellate Procedure 20.1(j)(1) provides that “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.” TEX. R. APP. P. 20.1(j)(1). Unless an extension is granted, “[t]he 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.” TEX. R. APP. P. 20.1(j)(2).

       On October 9, 2014, appellant filed an “Application to Proceed in Appellate Court

Without Prepaying Fees or Costs under T.R.A.P. Rule 20.” Appellant has not filed a

motion challenging the trial court’s order.       Even if we were to construe appellant’s

application as a motion to challenge the trial court’s order, it was untimely because it was

not filed within 10 days of either the signed order or the notice of appeal. Thus, appellant

has not established indigence and is not entitled to proceed with his appeal without the

advance payment of costs.

       Accordingly, appellant is ORDERED to pay the $175 filing fee to this Court no later

than 30 days from the date of this order, or the Court will dismiss this appeal. See TEX.

R. APP. P. 5, 42.3.

                                                   PER CURIAM

Delivered and filed the
21st day of October, 2014.




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