Bernie Dunaway v. Advanta Bank Corp.--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00224-CV

Bernie Dunaway,

Appellant

v.

Advanta Bank Corp.,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court No. 41655

MEMORANDUM Opinion

The Clerk of this Court notified the parties that this appeal was subject to dismissal for want of prosecution under Rules of Appellate Procedure 38.8(a)(1) and 42.3 and that the appeal would be dismissed if an appropriate response was not filed within twenty-one days. No response has been received. Accordingly, the appeal will be dismissed for want of prosecution.

It is also noted that Appellant has filed a motion for which she did not pay the $10 filing fee. 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), 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.

The appeal is dismissed. See Tex. R. App. P. 38.8(a)(1), 42.3.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray concurring in the result without a separate opinion)

Appeal dismissed

Opinion delivered and filed November 2, 2005

[CV06]