$785 in U.S. Currency v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00204-CV
$785 IN U.S. CURRENCY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 98056
MEMORANDUM OPINION
Appellant presented a notice of appeal regarding a trial court order or judgment
signed on May 25, 2018. By letter dated July 27, 2018, the Clerk of this Court notified
Appellant that the docketing statement was past due and must be filed within 21 days
from the date of the letter. No docketing statement was received and filed.
Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.3(b).
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); § 51.941(a) (West
2005); and § 51.208 (West Supp. 2011). 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 by appellants.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 12, 2018
[CV06]
$785 in U.S. Currency v. State Page 2