IN THE TENTH COURT OF APPEALS No. 10-13-00299-CV GOLDA SEALE LANIER, Appellant v. LEON INDEPENDENT SCHOOL DISTRICT, Appellee

From the 87th District Court Leon County, Texas Trial Court No. T-12-437

MEMORANDUM OPINION

Appellants, Patrick Lanier and the Estate of Golda Seale Lanier, have filed an unopposed motion to dismiss his appeal in this matter. See TEX. R. APP. P. 42.1(a)(1).

Dismissal of this appeal would not prevent the parties from seeking relief to which they would otherwise be entitled. The motion is granted, and the appeal is hereby dismissed.

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 TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV’T CODE ANN. §§ 51.207(b), 51.941(a) (West 2005); see also TEX. GOV’T CODE ANN. § 51.208 (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 by appellants.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed December 5, 2013 [CV06]

Lanier v. Leon Independent School District Page 2