In the Interest of A.F., a Child v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-24-00006-CV

IN THE INTEREST OF A.F., A CHILD,

From the 77th District Court
Limestone County, Texas
Trial Court No. 32869-B

MEMORANDUM OPINION

A.M.F. attempts to appeal the trial court’s order transferring a “Suit Affecting

Parent-Child Relationship,” originally filed in McLennan County, to Limestone County.

In a letter dated January 16, 2024, the Clerk of this Court notified A.M.F. that the appeal

was subject to dismissal because it appeared no final, appealable judgment or order had

been signed by the trial court. See TEX. R. APP. P. 25.1(b), (d)(2); 26.1. See also TEX. FAM.

CODE § 155.204(h) (“An order transferring or refusing to transfer the proceeding is not

subject to interlocutory appeal.”).

In the same letter, the Clerk warned A.M.F. that the appeal would be dismissed

unless, within 10 days from the date of the letter, a response was filed with the Court

showing grounds for continuing the appeal. More than 10 days have passed, and no
response has been filed. Accordingly, this appeal is 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 also TEX. R. APP.

P. 5; TEX. GOV'T CODE §§ 51.207(b); 51.208; § 51.941(a). 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 Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed February 8, 2024
[CV06]

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