in the Interest of C.K.E. and C.L.E., Jr., Children

IN THE
TENTH COURT OF APPEALS
No. 10-16-00239-CV
IN THE INTEREST OF C.K.E. AND C.L.E., JR., CHILDREN
From the 272nd District Court
Brazos County, Texas
Trial Court No. 09-002113-CV-272
MEMORANDUM OPINION
Christian La’Marque Ellis, Sr. appeals from a child custody and support order
issued on July 17, 2016. By letter dated August 16, 2016, the Clerk of this Court notified
Ellis that his original filing fee for the appeal was past due. Ellis was warned in the same
letter that failure to pay the filing fee within 10 days from the date of the letter would
result in the appeal being dismissed. See TEX. R. APP. P. 42.3(c). More than 10 days have
passed, and Ellis has failed to pay his original filing fee.
Accordingly, this appeal is dismissed. Id.
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; §
51.941(a) (West 2013). 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
Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 7, 2016
[CV06]
In the Interest of C.K.E. and C.L.E., Jr., Children Page 2