Ex Parte Robert E. MacLaren

IN THE
TENTH COURT OF APPEALS
No. 10-11-00177-CV
EX PARTE ROBERT E. MACLAREN
From the 278th District Court
Walker County, Texas
Trial Court No. 25,493
MEMORANDUM OPINION
Robert E. MacLaren attempted to appeal from a February 28, 2011 order denying
his affidavit of indigence. By letter dated March 29, 2011, the Clerk of this Court
notified MacLaren that the appeal was subject to dismissal because it appeared that
MacLaren was attempting to appeal an interlocutory order over which there is no right
to appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West 2008) (Statute that
identifies the type of orders subject to interlocutory appeal.). The Clerk also warned
MacLaren that the appeal would be dismissed unless, within 21 days of the date of the
letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP.
P. 42.3, 44.3. We did not receive a response from MacLaren and dismissed his appeal
on May 4, 2011.
On May 16, 2011, we received a new notice of appeal from an April 27, 2011
order in which the trial court again denied a motion to approve MacLaren’s status as
indigent. We use Rule 2 to expedite this disposition. TEX. R. APP. P. 2. We will dismiss
this appeal for lack of jurisdiction as we did the prior appeal of the same issue. We
have no jurisdiction to review an interlocutory order that denies indigent status to a
litigant.
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. 2010). 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.
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed May 25, 2011
[CV06]
Ex parte MacLaren Page 2