in the Interest of S.F.B., a Child ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00310-CV
IN THE INTEREST OF S.F.B., A CHILD
From the County Court at Law
Hill County, Texas
Trial Court No. CV262-20CCL
MEMORANDUM OPINION
Appellant’s notice of appeal was filed in this Court on November 19, 2021.
By letter dated January 13, 2022, the Clerk of this Court notified appellant that his
appeal would be dismissed because it appeared appellant’s notice of appeal was
untimely, the fee for filing the notice of appeal was past due, and the docketing statement
was past due. In the same letter, appellant was warned that the appeal would be
dismissed unless, within 14 days from the date of the letter, the Court timely received
from appellant:
1. an explanation as to why the Court has jurisdiction,
2. the filing fee or necessary paperwork to establish inability to pay, and
3. a docketing statement.
More than 14 days have passed, and the Court has not received any of the requested
items.
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; TEX. GOV'T CODE §§ 51.207(b); 51.208; § 51.941(a). 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.
Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.3.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed February 9, 2022
[CVO6]
In the Interest of S.F.B. Page 2