No. 10-07-00259-CVCourt of Appeals of Texas, Tenth District, Waco.
Opinion delivered and filed January 23, 2008.
Appeal from the 170th District Court McLennan County, Texas, Trial Court No. 2007-2429-4.
Before Chief Justice GRAY, Justice VANCE, and JUSTICE REYNA.
Appellant Ramon Gomez appeals in this forfeiture proceeding. The Clerk of this Court notified Appellant by letter dated December 7, 2007 that the original filing fee of $125.00 had not been paid and that if the fee was not paid within ten days, the appeal would be presented to the Court for dismissal. More than ten days have passed, and the fee has not been paid (and after being given notice, Appellant has also failed to file a docketing statement and to pay or make arrangements to pay for the clerk’s record).
Accordingly, the appeal is dismissed. See TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5(a).
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(a); TEX. GOV’T CODE ANN. §§ 51.207(b), 51.901 (Vernon Supp. 2006). 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.