11th Court of Appeals

Eastland, Texas

Order

Leslie Garnett

            Appellant

Vs.                  No. 11-05-00143-CV -- Appeal from Midland County

Oliver Davis, Individually and d/b/a O. D. Distributing Co.

            Appellee

            This court’s order dated July 21, 2005, is withdrawn. In reviewing the documents before this court, we note that Leslie Garnett did not file a proper affidavit of inability to pay court costs. Specifically, Garnett’s affidavit was not notarized.

            Because a proper affidavit was not filed at the time that the appeal was perfected, Garnett has not established that he is entitled to proceed without the advanced payment of costs. TEX.R.APP.P. 20.1. The clerk’s record and the court reporter’s record are now due to be filed in this court on or before October 11, 2005.

                                                                                                PER CURIAM

August 4, 2005

Panel consists of: Wright, J., and McCall, J.