Theron Belton v. Conagra Poultry Co.--Appeal from 278th District Court of Madison County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00344-CV

Theron Belton,

Appellant

v.

Conagra Poultry Co.,

Appellee

From the 278th District Court

Madison County, Texas

Trial Court No. 9649

MEMORANDUM Opinion

Theron Belton attempts to appeal from an order rendered by the trial court almost one year prior to the filing of the notice of appeal. In a letter by the Clerk of this Court, the Clerk warned Belton that his appeal was subject to dismissal for want of jurisdiction because it appeared the notice of appeal was untimely. Belton was informed that in a restricted appeal, the notice of appeal must be filed within six months after the judgment or order is signed and that his notice of appeal was filed almost one year after the order complained of was signed. Tex. R. App. P. 26.1(c). The Clerk also warned Belton that his appeal may be dismissed unless, within 42 days of the date of the letter, a response is filed showing grounds for continuing the appeal.

Forty-two days have passed, and we have not received a response from Belton. Accordingly, this appeal is dismissed. Tex. R. App. P. 42.3(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; 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.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed January 9, 2008

[CV06]