In the Matter of the Marriage of Tiffany Carroll and Kenneth McFarlin and in the Interest of K.N.M., a Child--Appeal from 74th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00074-CV

In the Matter of the Marriage of
Tiffany Carroll and Kenneth McFarlin

and in the Interest of K.N.M., a Child,

From the 74th District Court

McLennan County, Texas

Trial Court No. 2006-4147-3

MEMORANDUM Opinion

The Clerk of this Court notified Appellant Kenneth McFarlin by letter dated May 6, 2008 that the original filing fee of $175.00 had not been paid, that, unless Appellant obtained indigent status, the filing fee s payment is required, and that if the fee was not paid within ten days, the appeal would be presented to the Court for dismissal. More than ten days have passed, and Appellant has not paid the filing fee or filed an affidavit of indigence. Accordingly, the appeal is dismissed. See Tex. R. App. P. 5; 10th Tex. App. (Waco) Loc. R. 5(c).

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. 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.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed June 11, 2008

[CV06]