IN THE

TENTH COURT OF APPEALS

No. 10-06-00339-CV

Theron Belton,

                                                                      Appellant

 v.

Conagra Poultry Co. and Texas

Department of Criminal Justice,

                                                                      Appellees

From the 278th District Court

Madison County, Texas

Trial Court No. 01-9649-278-10

          Theron Belton appeals the denial of his motion for leave to file an amended pleading.

          The Clerk of this Court warned Belton that because it appeared to the Court that the order from which the appeal was taken was interlocutory, the Court may dismiss the appeal unless a response was filed showing grounds for continuing the appeal.  See Tex. R. App. P. 42.3, 44.3.  Belton has not responded to the Clerk's warning.

          The trial court’s order is interlocutory, and this Court has no jurisdiction over an interlocutory appeal except as expressly provided by statute. Stary v. DeBord, 967 S.W.2d 352, 352-53, 41 Tex. Sup. Ct. J. 456 (Tex. 1998).  No statute expressly authorizes the interlocutory appeal of the trial court’s order.

          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; Tex. Gov’t Code Ann. § 51.207(b) (Vernon 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. 

          This appeal is dismissed for want of jurisdiction.

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed November 29, 2006

[CV06]