In re Paul Earl Dorsey--Appeal from 74th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00201-CV

In re Paul Earl Dorsey

Original Proceeding

MEMORANDUM Opinion

Relator, Paul Dorsey, is the plaintiff in Trial Court Cause No. 2002-831-3. Dorsey complains that respondent, Judge Alan Mayfield, in Trial Court Cause No. 2002-831-3, is depriving him of access to the courts and due process by failing and refusing to render judgment on defendant s motion to transfer venue. After we requested a response, Judge Mayfield issued an Order that Trial Court Cause No. 2002-831-3 be transferred to the 52nd Judicial District Court of Coryell County, Texas. Thus, the petition for writ of mandamus is dismissed as moot.

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. 6; Tex. Gov t Code Ann. 51.207(b) and 51.901 (Vernon 2005). Under these circumstances, we suspend the rules and order the Clerk to write off all unpaid filing fees in this case. Tex. R. App. P. 2.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray concurs with note: We should not dispose of this case on any basis other than dismissal for failure to pay the filing fee. Because it is being dismissed, I concur.)

Writ dismissed

Opinion delivered and filed May 25, 2005

[OT06]