Theron G. Owens v. Doctor Betty Williams ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-22-00311-CV
THERON G. OWENS,
Appellant
v.
DR. BETTY WILLIAMS,
Appellee
From the 12th District Court
Walker County, Texas
Trial Court No. 2029848
MEMORANDUM OPINION
Theron G. Owens appeals the trial court’s denial of Owens’s motion for the
appointment of counsel. The Clerk of this Court notified Owens by letter that his appeal
was subject to dismissal because it appeared that no final, appealable judgment or order
had been signed by the trial court. See TEX. R. APP. P. 25.1(b), (d)(2); 26.1. A denial of a
motion for appointment of counsel is not a final, appealable order. Owens was warned
in the same letter that the appeal would be dismissed unless Owens showed grounds for
continuing the appeal. Owens has not shown grounds for continuing the appeal.
Accordingly, this appeal is dismissed for want of jurisdiction.
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.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed October 19, 2022
[CV06]
Owens v. Williams Page 2