IN THE
TENTH COURT OF APPEALS
No. 10-13-00345-CV
GLENN WINNINGHAM, HOUSE OF FEARN,
Appellant
v.
CITY OF FORT WORTH, LAETITIA COLEMAN
BROWN, SARAH J. FULLENWIDER, OFFICER C.
PAGE, NINFA MARES, JAMES D. ROGERS,
JEFFREY HALSTEAD, AND WILLIAM RUMULY,
Appellees
From the 67th District Court
Tarrant County, Texas
Trial Court No. 067-263565-13
MEMORANDUM OPINION
Appellant, who has identified himself throughout this proceeding as “Glenn
Winningham; house of Fearn,” appeals the trial court’s order granting the City of Fort
Worth’s plea to the jurisdiction. On October 7, 2013, the Texas Supreme Court ordered
appellant’s appeal transferred from the Second Court of Appeals to this Court after all
seven justices on the Second Court of Appeals recused themselves. Following our
standard policies and procedures, by letter dated January 23, 2014, the Clerk of this
Court notified appellant that the clerk’s record in the above cause had apparently not
been filed because appellant had failed to pay or make arrangements to pay the clerk’s
fee for preparation of the record. In the same letter, the Clerk notified appellant that if
appellant wished to proceed with this appeal, he must pay or make arrangements to
pay the clerk’s fee and notify this Court of the actions taken within 21 days after the
date of the January 23, 2014 letter. The Clerk further warned that if appellant failed to
do so, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P.
37.3(b).
More than 21 days have passed and we have not been notified whether appellant
has paid or made arrangement to pay the clerk’s fee. Accordingly, this appeal is
dismissed. Id.; 42.3(b).
We note that appellant has also failed to pay any filing fees 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 (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); 51.208; §
51.941(a) (West 2013). 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. The write-off of
Winningham v. City of Fort Worth Page 2
the fees from the accounts receivable of the Court in no way eliminates or reduces the
fees owed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed February 27, 2014
[CV06]
Winningham v. City of Fort Worth Page 3