in the Interest of H.M.C. and D.W.C., Children

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00059-CV

IN THE INTEREST OF H.M.C. AND D.W.C., CHILDREN, Appellant

From the County Court Bosque County, Texas Trial Court No. CV-13239

MEMORANDUM OPINION

Michael Parker attempts to appeal the trial court’s permanency hearing order

issued on February 13, 2014. The Clerk of this Court notified Parker by letter dated

March 4, 2014 that his appeal was subject to dismissal because it appeared the

permanency hearing order is not a final, appealable order. See Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195, 205 (Tex. 2001); In the Interest of J.D., 304 S.W.3d 522, 525 (Tex.

App.—Waco 2009, no pet.) (standards enunciated in Lehmann and its progeny for what

constitutes a "final order" for purposes of appeal governs termination cases brought by

the Department). The Clerk warned Parker in the same letter that the appeal would be

dismissed unless, within 10 days from the date of the letter, a response was filed showing grounds for continuing the appeal. Ten days have passed, and we have not

received a response from Parker.

This appeal is dismissed. 1 TEX. R. APP. P. 42.3(a), (c).

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 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 Appeal dismissed Opinion delivered and filed March 20, 2014 [CV06]

1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by the Texas Supreme Court, a petition for review must be filed with the Texas Supreme Court clerk within 45 days after either the date the court of appeals’ judgment was rendered or the date the last ruling on all timely motions for rehearing was made by the court of appeals. TEX. R. APP. P. 53.7(a).

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