Opinion
NUMBER 13-15-00404-CV
01-14-2016
JANN E. THOMPSON AND DANIEL LOUIS THOMPSON, Appellants, v. REFUGIO COUNTY, TEXAS, Appellee.
On appeal from the 135th District Court of Refugio County, Texas.
ORDER
Before Justices Garza, Perkes and Longoria
OrderPer Curiam
This case is before the Court on appellant's "Motion to Grant the Exchange of Obligation or Other Security."
By an order dated December 17, 2015, this Court concluded that pro se appellant Daniel Louis Thompson was obligated to pay the filing fee because the court reporter's challenge to Thompson's affidavit of indigence had become final. We directed appellant in the same order to pay the $205.00 filing fee to this Court within thirty days of the date of the order. Appellant has now filed (1) a document entitled "Acceptance of Trial Court's Decision on Pro Pauperous/Affidavit of Indigence" and (2) "Motion to Grant the Exchange of Obligation or Other Security." Reading these two documents together, appellant appears to accept our previous order but requests this Court to accept the filing fee in something other than U.S. currency. He argues that he deposited an "obligation of the federal government" in the trial court and that "obligation" exceeded the amount necessary to suspend enforcement of the judgment. Appellant now requests that we apply the excess amount to the filing fee.
The style of the case reflects that Daniel Louis Thompson and Jann E. Thompson are appellants, but only Daniel Louis Thompson signed the documents at issue here. As with our prior order, our reasoning applies equally to both appellants. --------
Appellant cites as authority a rule of appellate procedure that permits a litigant who desires to suspend enforcement of a judgment to make a deposit with the trial court in lieu of bond in the form of a "negotiable obligation of the federal government." See TEX. R. APP. P. 24.1(c)(1)(C). A litigant may use such an "obligation" to suspend enforcement of the judgment only on leave of the trial court. Id. However, whether or not appellant complied with Texas Rule of Appellant Procedure 24.1, that rule is not concerned with the filing fee that this Court is required to collect. See id. R. 5.
The Court, having fully examined and considered appellant's motion, is of the opinion it should be DENIED. Pursuant to our order of December 17, 2015, the $205.00 filing fee remains due in U.S. currency no later than January 19, 2016. If the filing fee is not paid by that date, the Court will dismiss the appeal. See id. R. 5, 42.3.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 14th day of January, 2016.