Willie Edward Davis v. Chris Kirk

• Court: Court of Appeals of Texas
• Decided: March 28, 2012
• Docket: 10-12-00022-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-12-00022-CV

WILLIE EDWARD DAVIS, Appellant v.

CHRIS KIRK, Appellee

From the 361st District Court Brazos County, Texas Trial Court No. 11-001773-CV-361

MEMORANDUM OPINION

Willie Edward Davis, a prison inmate, appeals the dismissal of his lawsuit

against Chris Kirk. By letter dated February 23, 2012, the Clerk of this Court notified

Davis that the clerk’s record had not been filed because he had either failed to pay or

make arrangement to pay the clerk’s fee for preparation of the clerk’s record. The Clerk

also warned Davis that, unless he paid or made arrangement to pay the clerk’s fee for

preparation of the clerk’s record and notify the Court of the actions taken within 21

days from the date of the letter, the appeal would be dismissed for want of prosecution.

TEX. R. APP. P. 37.3(b). More than 21 days have passed, and Davis has not made arrangement to pay the clerk’s fee for preparation of the clerk’s record and has not

notified the Court of the actions taken.

Accordingly, this appeal is dismissed. Id.

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) (West 2005); and § 51.208 (West Supp. 2011). 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 Dismissed Opinion delivered and filed March 28, 2012 [CV06]

Davis v. Kirk Page 2