Nancy Few and Mary Plaster v. Teague Emergency Medical Services, Inc.--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00256-CV

Nancy Few and Mary Plaster,

Appellants

v.

Teague Emergency Medical Services, Inc.,

Appellee

From the 87th District Court

Freestone County, Texas

Trial Court No. 04-033-B

memorandum Opinion

The Clerk of this Court notified Appellants by letter dated January 18, 2008 that:

1. because their attorney of record had been administratively suspended, Appellants must retain an attorney who is eligible to practice law in the State of Texas and a notice of appearance by such attorney must be filed, or alternatively, each Appellant may file a notice that they would represent themselves in this appeal, and that failure to do either within 21 days may result in this appeal being dismissed for want of prosecution;

2. The original filing fee of $125.00 and a $10.00 motion filing fee had not been paid and that if the fees were not paid within 21 days, this appeal would be presented to the Court for dismissal for want of prosecution;

3. the clerk s record and the reporter s record in this cause have not been filed apparently because Appellants have failed to pay or to make arrangements to pay the clerk s fee and the reporter s fee for preparation of the clerk s record and the reporter s record, and that failure to pay or make arrangements to pay the clerk s fee and the reporter s fee within 21 days may result in this appeal being dismissed for want of prosecution.

More than 21 days have passed, and Appellants have not responded and have failed to take any action on the above matters. Accordingly, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 5, 37.3(b), 42.3; 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.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed March 12, 2008

[CV06]