IN THE
TENTH COURT OF APPEALS
No. 10-06-00205-CV
Dan Werlinger, Terri Werlinger
and Eagle Anesthesia Associates PLLC,
Appellants
v.
Brian Andersen, Individually and
for D&B Anesthesia Associates PLLC,
Appellee
From the County Court at Law
Ellis County, Texas
Trial Court No. 05-C-3011
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.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed February 7, 2007
[CV06]
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[1] Counsel for Dechaume on appeal is the same as counsel at trial.