Travis Michael Allen v. Juanita Marie Allen and in the Interest of K.L.A., B.M.A., and K.L.A., Children

IN THE

TENTH COURT OF APPEALS

No. 10-16-00074-CV

TRAVIS MICHAEL ALLEN,

Appellant v.

JUANITA MARIE ALLEN AND IN THE

INTEREST OF K.L.A., B.M.A., AND K.L.A.,

CHILDREN,

Appellees

From the County Court

Somervell County, Texas

Trial Court No. 01613

MEMORANDUM OPINION

Travis Michael Allen appealed the issuance of a protective order against him which was rendered on March 3, 2016. Allen has now filed a motion to dismiss his appeal, asserting that he never intended to pursue the matter in an appellate court. 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 find the rule is not applicable and order the Clerk to write off all unpaid filing fees in this case and to waive the payment and collection thereof. See Tex. R. App. P. 2.

Accordingly, the motion is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.1(a).

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal dismissed

Opinion delivered and filed May 19, 2016 [CV06]

Allen v. Allen Page 2