IN THE
TENTH COURT OF APPEALS
No. 10-17-00021-CV
IN THE MATTER OF THE MARRIAGE OF GABRIELA HERNANDEZ
AND FRANCISCO HERNANDEZ- JIMENEZ
AND IN THE INTEREST OF A.L.H. AND G.A.H., CHILDREN,
From the 414th District Court
McLennan County, Texas
Trial Court No. 2016-1426-5
MEMORANDUM OPINION
Appellant, Francisco Hernandez-Jimenez, filed his pro se notice of appeal on
January 20, 2017, challenging the trial court’s final judgment in favor of appellee, Gabriela
Hernandez. The required docketing statement was not received. See TEX. R. APP. P. 32.1.
On February 16, 2017, we sent a letter explaining that the docketing statement must be
filed and warning that the Court would dismiss the appeal if a docketing statement was
not filed within twenty-one days. See id. at R. 42.3(c).
More than twenty-one days have passed, and we have not received the docketing
statement. Accordingly, we dismiss this appeal. See id. at R. 32.1, 42.3(c); see also Hensley
v. W.M. Specialty Mortgage, LLC, 2005 Tex. App. LEXIS 9614, at **1-2 (Tex. App.—Waco
Nov. 16, 2005, no pet.) (mem. op.) (dismissing a case for failure to file a docketing
statement).
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 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 the fees from the
accounts receivable of the Court in no way eliminates or reduces the fees owed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed March 22, 2017
[CV06]
In re Hernandez Page 2
In re Hernandez Page 3