Travis Michael Allen v. Juanita Marie Allen and in the Interest of K.L.A., B.M.A., and K.L.A., Children

• Court: Court of Appeals of Texas
• Decided: May 19, 2016
• Docket: 10-16-00074-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-16-00074-CV

TRAVIS MICHAEL ALLEN, Appellant v.

JUANITA MARIE ALLEN AND IN THE INTEREST OF K.L.A., B.M.A., AND K.L.A., CHILDREN, Appellees

From the County Court Somervell County, Texas Trial Court No. 01613

MEMORANDUM OPINION

Travis Michael Allen appealed the issuance of a protective order against him

which was rendered on March 3, 2016. Allen has now filed a motion to dismiss his

appeal, asserting that he never intended to pursue the matter in an appellate court. 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 find the rule is not applicable and

order the Clerk to write off all unpaid filing fees in this case and to waive the payment

and collection thereof. See Tex. R. App. P. 2.

Accordingly, the motion is granted, and this appeal is dismissed. See TEX. R. APP.

P. 42.1(a).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed May 19, 2016 [CV06]

Allen v. Allen Page 2