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IN THE
TENTH COURT OF APPEALS
No. 10-10-00268-CV
In re Gerald Hayes
Original Proceeding
MEMORANDUM Opinion
Gerald Hayes, an inmate, filed a petition for writ of mandamus. There are procedural problems with the petition, but we use Rule 2 to look beyond those problems and deny the petition. See Tex. R. App. P. 2.
Further, 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) (Vernon 2005); and § 51.208 (Vernon Supp. 2009). 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 Hayes.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition denied
Opinion delivered and filed July 28, 2010
[OT06]
Document Info
Docket Number: 10-10-00268-CV
Filed Date: 7/28/2010
Precedential Status: Precedential
Modified Date: 10/16/2015