In the Interest of C.K.E. and C.L.E., Jr., Children Appeal from 272nd District Court of Brazos County (memorandum opinion by chief justice gray)
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IN THE TENTH COURT OF APPEALS No. 10-16-00239-CV IN THE INTEREST OF C.K.E. AND C.L.E., JR., CHILDREN From the 272nd District Court Brazos County, Texas Trial Court No. 09-002113-CV-272 MEMORANDUM OPINION Christian La’Marque Ellis, Sr. appeals from a child custody and support order issued on July 17, 2016. By letter dated August 16, 2016, the Clerk of this Court notified Ellis that his original filing fee for the appeal was past due. Ellis was warned in the same letter that failure to pay the filing fee within 10 days from the date of the letter would result in the appeal being dismissed. See TEX. R. APP. P. 42.3(c). More than 10 days have passed, and Ellis has failed to pay his original filing fee. Accordingly, this appeal is dismissed. Id. 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; § 51.941(a) (West 2013). 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 September 7, 2016 [CV06] In the Interest of C.K.E. and C.L.E., Jr., Children Page 2
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