in Re Tejuan Demarcus McGowan

• Court: Court of Appeals of Texas
• Decided: June 30, 2010
• Docket: 10-10-00208-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-10-00208-CV

IN RE TEJUAN DEMARCUS MCGOWAN

Original Proceeding

MEMORANDUM OPINION

Relator, Tejuan DeMarcus McGowan, presented for filing a motion for leave to

file a petition for writ of mandamus, a petition for writ of mandamus, and a declaration

of inability to pay cost. We use Rule 2 to suspend the application of Rule 20.1 and allow

McGowan to proceed without advance payment of cost. See TEX. R. APP. P. 2; 20.1 (d),

(e), & (f).

The petition for writ of mandamus is denied.

Further, the motion for leave to file the petition is dismissed as moot. The

requirement for a motion for leave to file a petition is no longer required by the Rules of

Appellate Procedure. See Comment to TEX. R. APP. P. 52.

Finally, 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) (Vernon 2005); and § 51.208 (Vernon Supp. 2009). Above, we allowed

McGowan to proceed with filing his petition for writ of mandamus without advance

payment of cost. Allowing a party to proceed without the advance payment of cost

does not, however, relieve the party against whom cost are assessed from the obligation

to pay those cost. Further, the write-off of the fees from the accounts receivable of the

Court in no way eliminates or reduces the fees owed by the person against whom they

are assessed. Under this circumstance, we order the Clerk to write off all unpaid fees in

this proceeding.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Pet. denied Opinion delivered and filed June 30, 2010 [OT06]

In re McGowan Page 2