Opinion
No. 10-05-00384-CV
Opinion delivered and filed February 22, 2006.
Appeal from the 245th District Court, Harris County, Texas, Trial Court No. 0456737.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
This case was transferred to this Court from the First Court of Appeals in Houston. The Clerk of the First Court of Appeals notified Appellant by letter dated October 10, 2005 that the original filing fee of $125.00 had not been paid and should be paid as soon as possible to avoid the appeal being set for dismissal for nonpayment of the filing fee. The Clerk of this Court notified Appellant by letter dated November 23, 2005 that the filing fee was past due and that if the fee was not paid within ten days, the appeal would be presented to the Court for dismissal. Onofre has not timely filed an affidavit of indigence.
More than ten days have passed, and we have received no notice of Onofre's compliance with the Clerk's directive.
Accordingly, the appeal is dismissed. See TEX. R. APP. P. 42.3(c); 10TH TEX. APP. (WACO) LOC. R. 5(c).
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); s ee also Tex.R.App.P. 5; 10TH TEX. APP. (WACO) LOC. R. 5(a); TEX. GOV'T CODE ANN. §§ 51.207(b), 51.901 (Vernon Supp. 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.