Opinion
No. 10-05-00154-CV
Opinion Delivered and Filed May 25, 2005.
Appeal from the 66th District Court, Hill County, Texas, Trial Court No. 40588.
Appeal dismissed.
Motion dismissed as moot.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Conita J. Lester and Buford Wayne Lester filed a notice of appeal from two adverse orders and an adverse judgment. The $125 filing fee was not paid.
The Clerk of this Court notified the Lesters that the fee was past due on March 23, 2005. The fee was not paid. On April 22, 2005, the Clerk notified the Lesters that if the fee was not paid within 10 days, the cause would be presented to the Court for dismissal. More than 10 days have passed, and the fee has not been paid.
The Lesters, however, filed a motion to dismiss the appeal and a suggestion of death for Conita Lester. The $10 fee for this motion was not paid.
Accordingly, this appeal is dismissed. Tex.R.App.P. 43.2(c); see Gordon v. Gordon, No. 10-05-00051-CV, 2005 Tex. App. LEXIS 2576, *3 (Tex.App.-Waco March 30, 2005, no pet.). The Lesters's motion to dismiss is dismissed as moot.
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. 6; TEX. GOV'T CODE ANN. §§ 51.207(b) and 51.901 (Vernon Supp. 2004-2005). 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.