IN THE
TENTH COURT OF APPEALS
No. 10-06-00353-CV
Donald Ray McCray,
Appellant
v.
Becky A. Tibbs
and Donna A. Crowley,
Appellees
From the 12th District Court
Walker County, Texas
Trial Court No. 06-23338
MEMORANDUM Opinion
Appellant Donald McCray is attempting to appeal the trial court’s February 3, 2006 order requesting that the Attorney General obtain authority to represent the defendants [Becky Tibbs and Donna Crowley] and answer on their behalf within sixty days and, apparently, the trial court’s refusal to enter a default judgment against these defendants. On December 22, 2006, we notified McCray that this court may not have jurisdiction over this appeal because it appears that the order is an interlocutory, nonappealable order. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2006) (listing types of interlocutory orders that are appealable).
We stated that the appeal might be dismissed for want of jurisdiction unless McCray filed with the court within twenty-one days a response showing grounds for continuing the appeal. McCray has filed a response, but it fails to show grounds for continuing the appeal. Because the complained-of order is not appealable, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
McCray has not paid the filing fees incurred in this appeal. 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). To prove up an exemption, McCray filed an indigence affidavit, but due to the cost of compliance when balanced against the likelihood that McCray, who is an inmate, would not be determined to be indigent if his affidavit were contested, we did not require the clerk to attempt to comply with Rule 20.1(d)(2). Tex. R. App. P. 20.1(d)(2). Under these circumstances, we suspend the rules and order the Clerk to write off all unpaid fees in this appeal. Tex. R. App. P. 2.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray concurs with a note: My efforts to help the author clarify the complaints and communications with McCray have only resulted in further compounding the miscommunications and misstatements between the Court and this litigant. McCray has, however, not identified in his response an order over which we have jurisdiction in an interlocutory appeal nor a final appealable judgment. Therefore I can join the dismissal of this appeal for want of jurisdiction.)
Appeal dismissed
Opinion delivered and filed February 14, 2007
[CV06]
xt-align:justify'>
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition denied
Opinion delivered and filed April 29, 2009
Do not publish
[OT06]