Travis Michael Allen v. Juanita Marie Allen and in the Interest of K.L.A., B.M.A., and K.L.A., Children

IN THE
TENTH COURT OF APPEALS
No. 10-16-00074-CV
TRAVIS MICHAEL ALLEN,
Appellant
v.
JUANITA MARIE ALLEN AND IN THE
INTEREST OF K.L.A., B.M.A., AND K.L.A.,
CHILDREN,
Appellees
From the County Court
Somervell County, Texas
Trial Court No. 01613
MEMORANDUM OPINION
Travis Michael Allen appealed the issuance of a protective order against him
which was rendered on March 3, 2016. Allen has now filed a motion to dismiss his
appeal, asserting that he never intended to pursue the matter in an appellate court.
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 find the rule is not applicable and
order the Clerk to write off all unpaid filing fees in this case and to waive the payment
and collection thereof. See Tex. R. App. P. 2.
Accordingly, the motion is granted, and this appeal is dismissed. See TEX. R. APP.
P. 42.1(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed May 19, 2016
[CV06]
Allen v. Allen Page 2