in the Matter of the Marriage of Douglas Capener and Kristen Yarbrough AKA Kristen Capener and in the Interest of B.C. and K.C., Children
This text of in the Matter of the Marriage of Douglas Capener and Kristen Yarbrough AKA Kristen Capener and in the Interest of B.C. and K.C., Children (in the Matter of the Marriage of Douglas Capener and Kristen Yarbrough AKA Kristen Capener and in the Interest of B.C. and K.C., Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-22-00157-CV
IN THE MATTER OF THE MARRIAGE OF DOUGLAS CAPENER AND KRISTEN YARBROUGH AKA KRISTEN CAPENER AND IN THE INTEREST OF B.C. AND K.C., CHILDREN
From the 361st District Court Brazos County, Texas Trial Court No. 16-001458-CVD-361
MEMORANDUM OPINION
Douglas Capener appealed the trial court’s Order on Petitioner’s Request for De
Novo Relief. Capener now moves to dismiss his appeal because the trial court has signed
an Agreed Order Granting Motion for New Trial vacating the Order on Petitioner’s
Request for De Novo Relief.
No party will be prevented from seeking relief to which they are entitled if the
motion is granted. Accordingly, Capener’s motion to dismiss is granted, and this appeal
is dismissed. See TEX. R. APP. P. 42.1(a)(1).
There being no agreement otherwise, costs are taxed against Capener. See id. (d). Capener’s filing fee has not been paid. 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; TEX. GOV'T CODE §§ 51.207(b); 51.208; §
51.941(a). 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 by
Capener.
TOM GRAY Chief Justice
Before Chief Justice Gray, Justice Johnson, and Justice Davis 1 Appeal dismissed Opinion delivered and filed June 8, 2022 [CV06]
1 The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.
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