IN THE
TENTH COURT OF APPEALS
No. 10-09-00263-CV
In re Reginald Ray Spivey
Original Proceeding
MEMORANDUM Opinion
Reginald Ray Spivey seeks by mandamus to compel the district attorney to deliver unclaimed property in the amount of $3,000 to the State Comptroller’s Office. See Tex. Prop Code Ann. § 74.301 (Vernon 2007). There are procedural problems in this proceeding. We use Rule 2 to look beyond those problems. See Tex. R. App. P. 2.
This Court has mandamus jurisdiction over a judge of district or county court or when necessary to enforce our own jurisdiction. Tex. Gov’t. Code Ann. § 22.221(a), (b) (Vernon 2004). We do not have jurisdiction to mandamus a district attorney in this circumstance. Accordingly, Spivey’s petition is dismissed.
Further, absent a specific exemption, the Clerk of this 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 (Amended Aug. 28, 2007, eff. Sept. 1, 2007). See also Tex. R. App. P. 5; 10th Tex. App. (Waco) Loc. R. 5; Tex. Gov’t Code Ann. § 51.207(b); § 51.941(a) (Vernon 2005); and § 51.208 (Vernon Supp. 2008). Under the circumstances of this proceeding, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. Tex. R. App. P. 2. The write-off of the fees from the accounts receivable of the Court in no way eliminates or reduces the fees owed by Spivey.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Pet. dismissed
Opinion delivered and filed August 26, 2009
[OT06]
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PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray does not join this order and notes as follows: Because no statement of points was filed, I would affirm the trial court’s judgment.)
Appeal abated
Order issued and filed January 23, 2008
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