Opinion
No. 10-06-00205-CV
Opinion delivered and filed February 7, 2007.
Appeal from the County Court at Law, Ellis County, Texas, Trial Court No. 05-C-3011.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA
MEMORANDUM OPINION
Dan and Terri Werlinger filed a notice of appeal from an adverse judgment in the trial court. 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 original filing fee was past due. The Clerk warned the Werlingers that if, within 10 days from the date of the letter, they failed to pay the filing fee "this cause will be presented to the Court for dismissal of this appeal in accordance with TEX. R. APP. P. 42.3(c)." More than 10 days have passed, and we have not received the original filing fee.
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.