Jeraldmain Crain v. Jack W. Markum, et al.--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00318-CV

Jeraldmain Crain,

Appellant

v.

Jack W. Markum, et al.,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court No. COT-01-33962

MEMORANDUM Opinion

Jeraldmain Crain appeals the dismissal of his cause of action. Crain never paid the original filing fee of $125.00. Crain also filed a motion for a reporter s record but never paid the filing fee for that motion.

Crain filed an affidavit of indigence but the trial court determined, after a contest and a hearing, that Crain was not indigent. Tex. R. App. P. 20.1(i). Crain has not appealed the trial court s adverse indigence determination. See In re Arroyo, 988 S.W.2d 737, 738 (Tex. 1998) (an indigent party is no longer precluded from perfecting appeal and challenging the trial court's order sustaining a contest to the party's affidavit of indigence).

After the time for perfecting an appeal from the adverse indigence determination had run, the Clerk of this Court notified Crain that the original filing fee and the motion filing fee were past due. The Clerk also warned Crain that if the fees were not paid within 10 days from the date of the letter, his appeal would be dismissed. See Tex. R. App. P. 42.3(c).

More than 10 days have passed, and Crain has not responded to the Clerk s directive.

Thus, this appeal is dismissed. Tex. R. App. P. 42.3(c); see Gordon v. Gordon, No. 10-05-00051-CV, 2005 Tex. App. LEXIS 2576, *3 (Tex. App. Waco March 30, 2005, no pet.).

Crain s motion for a reporter s record 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 Supp. 2004-2005). 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.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Motion dismissed as moot

Opinion delivered and filed May 25, 2005

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