Opinion
No. 10-07-00236-CV
Opinion delivered and filed March 12, 2008.
Appeal from the 278th District Court, Walker County, Texas, Trial Court No. 21,013C.
Motions denied.
Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Evelyn Little's motion for order of monetary relief and request for an extension of our final decision are denied.
She also, belatedly, sought to appeal the trial court's determination that she was not indigent. We inquired of our jurisdiction to review that determination in an order dated January 30, 2008. Little failed to provide a response which explained any theory under which we would have jurisdiction to review the trial court's refusal to find her indigent.
Further, on November 7, 2007 and again on January 30, 2008, this Court ordered Little to pay the past due original filing fee of $125, a past due motion fee of $10 and a past due fax filing fee of $10 within 14 days from the dates of those orders. Little was warned that if the fees were not timely paid, the appeal would be dismissed. More than 14 days have passed, and Little has not paid the past due fees.
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 (July 21, 1998). See also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV'T CODE ANN. § 51.207(b) (Vernon 2005). 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.
Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.3(c).