Opinion
No. 10-04-00282-CV
Order issued and filed July 13, 2005.
Appeal from the 361st District Court, Brazos County, Texas, Trial Court No. 53172-CV.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ORDER TO WRITE OFF FEES
We render this order during our plenary power in this case. TEX. R. APP. P. 19.1(a).
On May 18, 2005 this appeal was dismissed due to Ruffino's failure to pay the filing fee or comply with the rules regarding proceeding as an indigent appellant. See Ruffino v. Tranum, Inc., No. 10-04-00282-CV, 2005 Tex. App. LEXIS 3783 (Tex.App.-Waco, May 18, 2005, no pet. h.).
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.