IN THE
TENTH COURT OF APPEALS
No. 10-07-00167-CV
Rickey Fantroy,
Appellant
v.
AMC Mortgage Services, Inc.,
Appellee
From the County Court at Law No. 2
Johnson County, Texas
Trial Court No. C200700010
ORDER
Rickey Fantroy appealed an adverse judgment rendered by the trial court. We struck his brief because it did not comply with the rules regarding briefing and allowed Fantroy time to file a compliant brief. No brief was filed. We then warned Fantroy that if we did not receive a response showing grounds for continuing the appeal within 21 days, his appeal may be dismissed for want of prosecution. See Tex. R. App. P. 38.1(a); 42.3(b). After more than 21 days passed and we received no response from Fantroy, we dismissed his appeal
Within 15 days from the dismissal, Fantroy filed a motion to reconsider. We denied the motion. Fantroy provided no basis to show error in the judgment, and he attached documents to his motion that were outside the record in this appeal. Further, no proper brief was ever filed.
Fantroy now files a document we consider to be a further motion for rehearing. He has not paid the required filing fee for this motion. 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 the circumstances of this appeal, we suspend the rule and order the Clerk to write off the unpaid motion fee in this case. Tex. R. App. P. 2.
Fantroy again attaches to this motion, and relies upon, documents outside the record from this proceeding. The motion presents no legal argument based upon the record in this proceeding of how trial court error, if any, resulted in an improper judgment. Further, no brief making such an argument has ever been filed.
Fantroy’s further motion for rehearing is denied.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Motion denied
Order issued and filed August 13, 2008
n:justify;line-height:200%'> Immediately after mediation, the mediator must advise this Court, in writing, only that the case did or did not settle and the amount of the mediator’s fee paid by each party. The mediator’s fees will be taxed as costs. Unless the mediator agrees to mediate without fee, the mediator must negotiate a reasonable fee with the parties, and the parties must each pay one-half of the agreed-upon fee directly to the mediator.
Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law.
Any objection to this Order must be filed with this Court and served upon all parties within ten days after the date of this Order, or it is waived.
We refer this appeal to mediation.
The appeal and all appellate deadlines are suspended as of the date of this Order. The suspension of the appeal is automatically lifted when the mediator’s report to the Court is received. If the matter is not resolved at mediation, any deadline that began to run and had not expired by the date of this Order will begin anew as of the date the mediator’s report to the Court is received. Any document filed by a party after the date of this Order and prior to the filing of the mediator’s report will be deemed filed on the same day, but after, the mediator’s report is received.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal referred to mediation
Order issued and filed February 9, 2011