Opinion
No. 10-06-00229-CV.
Opinion delivered and filed January 3, 2007.
Appeal from the 74th District Court McLennan County, Texas Trial Court No. 2001-839-3.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Dan and Terri Werlinger filed a notice of appeal from an adverse judgment. The Werlingers filed affidavits of indigence which were contested. The trial court sustained the contests and ordered the Werlingers to pay the costs of the action.
Since that determination, the Clerk of this Court notified Dan and Terri Werlinger by letter that the trial court clerk's record has not been filed because they had not paid or made arrangements to pay for the clerk's fee for the preparation of the record. Our Clerk warned the Werlingers that if, within 21 days from the date of the letter, they failed to pay or make arrangements to pay for the trial court clerk's fee and notify this Court of the actions taken, "this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b)."
The Clerk also notified the Werlingers by letter that the reporter's record had not been filed and that the filing fee was past due.
More than 21 days have passed, and we have not been notified that the Werlingers have paid or made arrangements to pay the clerk's fee for the preparation of the clerk's record.
Further, 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) (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.
This appeal is dismissed.