IN THE
TENTH COURT OF APPEALS
No. 10-16-00387-CV
TILL MARCHELLE CHUMBLEY-WILLIAMS,
Appellant
v.
HARMONY COMMUNITY HOMEOWNERS
ASSOC., LLC,
Appellee
From the 443rd District Court
Ellis County, Texas
Trial Court No. 94327
MEMORANDUM OPINION
Till Marchelle Chumbley-Williams appeals a default judgment rendered against
her on November 14, 2016. By letter dated December 14, 2016, the Clerk of this Court
notified Chumbley-Williams that her docketing statement was past due. Chumbley-
Williams was warned in the same letter that failure to file the docketing statement within
21 days from the date of the letter would result in the appeal being dismissed without
further notification. See TEX. R. APP. P. 42.3 (b), (c). More than 21 days have passed, and
Chumbley-Williams has failed to file her docketing statement.
Accordingly, this appeal is dismissed. Id.
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). Chumbley-Williams filed an affidavit of inability to pay cost in the
trial court. The Ellis County District Clerk filed a contest. As of this date, it does not
appear that a hearing has been held on the contest in the trial court. Under these
circumstances, we suspend the rule and order the Clerk of this Court to write off all
unpaid filing fees in this case. TEX. R. APP. P. 2. Moreover, no appellate cost will be
awarded to or assessed against any party.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed January 25, 2017
[CV06]
Chumbley-Williams v. Harmony Community Homeowners Assoc., LLC Page 2