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Caldwell v. Caldwell

The appellant has appealed from the final decree in his divorce proceeding. He filed an affidavit of indigence on appeal, but he failed to prove that he would be unable to pay the costs or a part of the costs of appeal if he really wanted to and made a good-faith effort to do so. The court finds that he is not indigent and has the ability to pay appellate costs. Austin Court of Appeals, No. 03-10-00292-CV, 08-16-2012

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ORDER

Appellant Daniel James Caldwell (“Daniel”) has appealed from the final decree in his divorce proceeding from appellee Jennifer E. Caldwell (“Jennifer”).*fn1 On May 14, 2010, Daniel filed a notice of appeal and a motion for new trial. On June 1, 2010, he filed an affidavit of indigence on appeal, which Jennifer contested on June 8, 2010. After the trial court on July 6, 2010, denied Daniel’s motion for new trial, the court on July 16, 2010, sustained Jennifer’s contest to Daniel’s affidavit of inability to pay appellate costs. Daniel asserts the court erred in sustaining Jennifer’s contest. We affirm the trial court’s order.

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