PAUL DELLA ROCCO v. JOSEPH OEI MD (2012)

Opinion filed March 22, 2012

In The

Eleventh Court of Appeals

No. 11–11–00063–CV

On Appeal from the County Court at Law No. 2

Midland County, Texas

Trial Court Cause No. CC15143

M E M O R A N D U M O P I N I O N

Appellant, Paul J. Della Rocco, filed a notice of appeal on March 14, 2011.   Upon receipt of appellant's notice of appeal, the clerk of this court notified him in a letter dated March 17, 2011, that a filing fee of $175 was due.   This letter further advised appellant that the appeal was subject to dismissal if the filing fee was not paid within ten days.   Appellant responded to the clerk's initial letter by filing an affidavit of inability to pay costs on appeal.   The court reporter, the district clerk, and appellee, Joseph Oei, MD, each filed a contest to the affidavit.   We abated this appeal in an order dated June 9, 2011, that directed the trial court to conduct a hearing to determine whether appellant is indigent.   The trial court conducted the hearing on June 27, 2011, and entered an order effectively sustaining the contests.   We affirmed the trial court's order sustaining the contests in an opinion and judgment issued on February 16, 2012, in Cause