Judyth T. Gonzalez v. Charles Rene Ochoa, II ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00213-CV
JUDYTH T. GONZALEZ,
Appellant
v.
CHARLES RENE OCHOA, II,
Appellee
From the 378th District Court
Ellis County, Texas
Trial Court No. 81785D
MEMORANDUM OPINION
Judyth T. Gonzalez appeals the trial court’s enforcement order in an underlying
divorce proceeding. Gonzalez’ docketing statement was due July 17, 2012. It was not
received. By letter dated July 30, 2012, the Clerk of this Court notified Gonzalez that the
docketing statement had not been filed and must be filed within 21 days from the date
of the letter. No docketing statement was received. By letter dated August 28, 2012, the
Clerk of this Court again notified Gonzalez that the docketing statement had not been
filed and warned Gonzalez that if the docketing statement was not filed within 14 days
from the date of the letter, the appeal would be dismissed. More than 14 days have
passed and no docketing statement has been received.
This appeal is dismissed. TEX. R. APP. P. 42.3(b), (c).
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); 51.208
(West Supp. 2012); § 51.941(a) (West 2005). 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 Davis, and
Judge Harrison1
Appeal dismissed
Opinion delivered and filed September 27, 2012
[CV06]
1 Glen Harrison, Judge of the 32nd District Court of Nolan County, sitting by assignment of the Chief
Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T
CODE ANN. § 74.003(h) (West 2005).
Gonzalez v. Ochoa Page 2