Roy D. Mitchell v. Wells Fargo Bank

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-10-00046-CV

ROY D. MITCHELL, Appellant v.

WELLS FARGO BANK, Appellee

From the County Court at Law Ellis County, Texas Trial Court No. 07C3984

MEMORANDUM OPINION

Roy D. Mitchell appealed the trial court’s judgment in favor of Wells Fargo Bank

in Wells Fargo’s action for forcible detainer. This Court affirmed the trial court’s

judgment on September 3, 2008. Mitchell petitioned the Texas Supreme Court for

review which dismissed the petition. This Court’s mandate in that appeal then issued

on August 18, 2009.

Mitchell has now attempted to appeal further proceedings he initiated in the trial

court regarding the same suit by Wells Fargo. In a letter dated February 5, 2010, the

Clerk of this Court warned Mitchell that the appeal was subject to dismissal because it appeared the action of the trial court was not appealable. The Clerk also warned

Mitchell that unless a response was filed showing grounds for continuing the appeal,

the appeal would be dismissed. Mitchell has not responded to the Clerk’s letter.

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

Further, 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). 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 Mitchell.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed March 10, 2010 [CV06]

Mitchell v. Wells Fargo Bank Page 2