Opinion
No. 10-06-00224-CV
Opinion delivered and filed October 11, 2006.
Appeal from the 19th District Court, McLennan County, Texas, Trial Court No. 2003-3216-1.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Rochisa Wilson Mims filed a pro se notice with the trial court clerk on July 17, 2006 stating that she "want[ed] to appeal" a June 29 order modifying a prior decree in a suit affecting the parent-child relationship. Accordingly, this appeal was docketed. However, Mims's counsel subsequently filed a motion to dismiss the appeal with the trial court, explaining that the intent of Mims's notice was to request a new trial because she had not received notice of the trial setting. According to this motion, the trial court granted a new trial on August 18. Pursuant to Mims's motion to dismiss, the trial court purportedly dismissed Mims's appeal by order signed August 28.
Upon receipt of these documents, the Clerk of this Court notified the parties by letter dated August 31 that the appeal is subject to dismissal for want of jurisdiction because it is moot and that the appeal would be dismissed if a response showing grounds for continuing the appeal was not filed within twenty-one days. No response has been received. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. Tex.R.App.P. 12.1(b); Appendix to TEX. R. APP. P., Order Regarding Fees (July 21, 1998). See also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV'T CODE ANN. §§ 51.207(b), 51.941 (Vernon 2005). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX. R. APP. P. 2.