$5,000 in U.S. Currency and Chris A. Anderson v. State

WITHDRAWN 6/27/12
IN THE
TENTH COURT OF APPEALS
No. 10-12-00040-CV
$5,000 IN U.S. CURRENCY AND
CHRIS A. ANDERSON,
Appellants
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 81438
MEMORANDUM OPINION
Chris A. Anderson appealed the trial court’s default judgment rendered against
him on December 27, 2011. Anderson’s docketing statement in this appeal was filed on
February 13, 2012. It was served on this Court rather than on the parties to the appeal.
See TEX. R. APP. P. 9.5. Anderson was notified by letter dated February 14, 2012 that the
docketing statement did not contain a proper proof of service.1
1 Based on subsequent events, because this docketing statement was not properly served, we also strike it.
Anderson replied by letter dated February 23, 2012 and requested a blank copy
of a docketing statement so that he could properly serve it. By letter dated March 7,
2012, Anderson was provided a blank docketing statement and was informed by the
Clerk of this Court that he was required to serve a copy of his docketing statement on
counsel for the State. He was further warned by the Clerk that the failure to timely
serve the docketing statement and provide a proper proof of service would result in the
Court striking the docketing statement.
Anderson provided us with a new docketing statement which was filed on
March 15, 2012. However, the proof of service contained in the docketing statement
indicated Anderson again served only the Court, not the State. The March 15, 2012
docketing statement was stricken on March 28, 2012. By letter of the same date,
Anderson was given one more chance to properly serve his docketing statement. He
was warned by the Clerk of this Court that the failure to properly serve the docketing
statement would result in a dismissal of his appeal without further notice. See TEX. R.
APP. P. 42.3(b), (c) and 44.3. He was also warned that future documents not properly
served on all parties to the appeal would be stricken.
Anderson provided us with yet another docketing statement which was filed on
April 19, 2012. Yet again, the proof of service indicated that he served only the Court,
not the State as required.
Anderson’s April 19, 2012 docketing statement is stricken and his appeal is
dismissed.
$5,000 and Anderson v. State Page 2
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). Anderson’s affidavit of
indigence was filed with the trial court on February 27, 2012. 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
Docketing statement stricken
Appeal dismissed
Opinion delivered and filed May 2, 2012
[CV06]
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