David Millison v. Robin McGlynn and W. Todd McGlynn

• Court: Court of Appeals of Texas
• Decided: September 10, 2015
• Docket: 10-15-00142-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-15-00142-CV

DAVID MILLISON, Appellant v.

ROBIN MCGLYNN AND W. TODD MCGLYNN, Appellees

From the 40th District Court Ellis County, Texas Trial Court No. 87208

MEMORANDUM OPINION

Appellant presented a notice of appeal regarding a trial court order or judgment

signed on May 20, 2015. By letter dated July 8, 2015, the Clerk of this Court notified

appellant that the docketing statement was past due and must be filed within 21 days

from the date of the letter. No docketing statement was received and filed. By letter

dated August 17, 2015, the Clerk of this Court warned appellant that the appeal would

be dismissed without further notification unless, within 14 days from the date of the letter, a docketing statement was filed. Again, no docketing statement was received and

filed.

Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.3(b).

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.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed September 10, 2015 [CV06]

Millison v. McGlynn Page 2