Opinion
No. 10-08-00377-CV
Opinion delivered and filed March 18, 2009.
Appealed from the 361st District Court, Brazos County, Texas, Trial Court No. 08-001507-CV-361.
Dismissed.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
MEMORANDUM OPINION
The Clerk of this Court notified Appellant Mary Ann Palmer McDaniel by letter dated February 10, 2009 that the original filing fee of $175.00 had not been paid, that unless Appellant obtained indigent status, the filing fee's payment is required, and that unless Appellant either paid the filing fee or obtained indigent status within fourteen days, the appeal would be presented to the Court for dismissal. More than fourteen days have passed, and Appellant has not paid the filing fee or filed an affidavit of indigence.
Accordingly, this 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); see 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. 2008). 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.