Spectra Management, Inc., d/b/a Gatesville Shopping Center v. Rue21, Inc.--Appeal from 52nd District Court of Coryell County (majority)

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IN THE TENTH COURT OF APPEALS No. 10-12-00280-CV SPECTRA MANAGEMENT, INC., D/B/A GATESVILLE SHOPPING CENTER, Appellant v. RUE21, INC., Appellee From the 52nd District Court Coryell County, Texas Trial Court No. 40548 MEMORANDUM OPINION Spectra Management, Inc. d/b/a Gatesville Shopping Center appealed the trial court s order granting Rue21, Inc. s motion for summary judgment. The parties have filed a joint motion to dismiss the appeal stating that they have resolved their disputes. The motion to dismiss is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). 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 (Amended Aug. 28, 2007, eff. Sept. 1, 2007). See also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV T CODE ANN. §§ 51.207(b); 51.208 (West Supp. 2012); § 51.941(a) (West 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 write-off of the fees from the accounts receivable of the Court in no way eliminates or reduces the fees owed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed January 10, 2013 [CV06] Spectra Management, Inc. dba Gatesville Shopping Center v. Rue21, Inc. Page 2

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