in the Interest of H.N., a Child

IN THE
TENTH COURT OF APPEALS
No. 10-18-00260-CV
IN THE INTEREST OF H.N., A CHILD
From the 87th District Court
Freestone County, Texas
Trial Court No. CV-17-210-B
MEMORANDUM OPINION
Appellant filed a notice of appeal in this Court on July 11, 2018. By letter dated
September 12, 2018, this Court notified Appellant that the appeal was subject to dismissal
because there was not a final, appealable order. The trial court’s order states that it is an
interlocutory order of termination. This Court requested a response from the parties
concerning our jurisdiction on the interlocutory appeal. We did not receive a response.
Section 109.002 of the Texas Family Code governs appeals in suits affecting the
parent-child relationship. TEX. FAM. CODE ANN. § 109.002 (a) (West Supp. 2018). An
appeal may be taken from a final order rendered in a suit under this title. TEX. FAM. CODE
ANN. § 109.002 (b) (West Supp. 2018). Because the order in this suit affecting the parent-
child relationship is not a final order for purposes of this appeal, we dismiss this appeal
for lack of jurisdiction. In the Interest of J.D. 304 S.W.3d 522, 527 (Tex.App. — Waco 2009,
no pet.).
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) (West
2005); and § 51.208 (West Supp. 2011). 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 appellant.
Accordingly, this appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed October 31, 2018
[CV06]
In the Interest of H.N. Page 2