Guadalupe Marrugo v. Ennis Eagle Auto Sales ( 2009 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00305-CV

GuadalupE Marrugo,

                                                                                    Appellant

 v.

Ennis Eagle Auto Sales,

                                                                                    Appellee

From the County Court at Law

Ellis County, Texas

Trial Court No. 09-C-3515

MEMORANDUM  Opinion

            Guadalupe Marrugo appeals the County Court at Law’s dismissal of his appeal to that court from an adverse ruling in the justice court.  The Clerk of this Court notified Marrugo by letter dated October 1, 2009 that this proceeding was subject to dismissal for want of jurisdiction because it appeared that no appeal bond from the proceeding in the justice court was filed and that Marrugo’s affidavit of inability to pay the costs of an appeal was untimely filed in the justice court.  See Tex. R. Civ. P. 571, 572.  The Clerk warned Marrugo that the Court may dismiss this proceeding unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the proceeding. 

            It has been more than 21 days and Marrugo has not responded to the Clerk’s letter. 

            Accordingly, this appeal is dismissed.  See Tex. R. App. P. 42.3, 44.3.

            Further, absent a specific exemption, the Clerk of this 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 the circumstances of this proceeding, 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 Marrugo.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Appeal dismissed

Opinion delivered and filed November 10, 2009

[CV06]