IN THE

TENTH COURT OF APPEALS

No. 10-05-00067-CV

Catherine Tucker

                                                                      Appellant

 v.

John C. McConnell, M.D. and

Southwest Surgery Center,

                                                                      Appellees

From the 96th District Court

Tarrant County, Texas

Trial Court No. 96-204636-04

          All parties to this appeal filed separate notices of appeal.

Southwest Surgery Center’s Appeal

          Southwest Surgery Center, appellee and appellant, filed a motion to dismiss its appeal because the Center no longer wishes to pursue its appeal.  The remaining parties, Catherine Tucker and John C. McConnell, M.D., have not contested this motion. 

          Southwest Surgery Center’s appeal is dismissed.  See Tex. R. App. P. 42.1(a)(1) & (b).

McConnell’s Appeal

          John C. McConnell, M.D., appellee and appellant, did not pay the original filing fee for his appeal and did not timely file an affidavit of indigence.  See Tex. R. App. P. 20.1(c)(1).  The Clerk of this Court notified McConnell by letter that a $125 filing fee was due within 10 days from the date of the letter to prevent dismissal of his appeal. 

          More than 10 days have passed, and we have received no notice of McConnell’s compliance with the Clerk’s directive.  

          McConnell’s appeal is dismissed.  See Tex. R. App. P. 42.3(c); see Gordon v. Gordon, No. 10-05-00051-CV, 2005 Tex. App. LEXIS 2576, *3 (Tex. App.—Waco March 30, 2005, no pet.).

          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. 6; Tex. Gov’t Code Ann. §§ 51.207(b) and 51.901 (Vernon Supp. 2004-2005).  Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees that are currently owed by McConnell in this case.  Tex. R. App. P. 2. 

Tucker’s Appeal

          Catherine Tucker’s appeal remains pending before this Court.

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed in part

Opinion delivered and filed May 25, 2005

[CV06]