Anthony Ray Wallace v. The State of Texas--Appeal from 123rd District Court of Shelby County

State: Texas

Court: Texas Northern District Court

Docket No: 12-02-00001-CR

Case Date: 11/20/2002

Plaintiff: Anthony Ray Wallace

Defendant: The State of Texas--Appeal from 123rd District Court of Shelby County

Preview:Kenneth F. Weaver v. Credigy Receivables, Inc.-Appeal from 19th District Court of McLennan County
MAJORITY | MAJORITY IN THE TENTH COURT OF APPEALS

No. 10-04-00331-CV Kenneth F. Weaver, Appellant v. Credigy Receivables, Inc., Appellee

From the 19th District Court McLennan County, Texas Trial Court # 2004-1982-4 MEMORANDUM Opinion The trial court granted a no-answer default judgment in favor of Credigy Receivables, Inc. Kenneth Weaver filed a notice of appeal. Thereafter, the district clerk advised the trial court that Weaver had filed an answer before the court signed the judgment. Accordingly, the court entered an order on its own motion setting the default judgment aside and granting Weaver a new trial. Weaver has now filed a motion to dismiss this appeal. Credigy Receivables has not filed a response to the motion. Weaver also requests that this Court forego the $125 filing fee for the appeal and the $10 filing fee for the motion to dismiss because the appeal would not have been necessary at this juncture but for the district clerk s misplacement of his answer to the suit. We will grant this request in part. Weaver paid the filing fee for the dismissal motion, and we will not refund that fee. We will not, however, require Weaver to pay the $125 filing fee. Nor will that fee be assessed in the judgment. See Tex. R. App. P. 43.4, 43.6; cf. 7th Day Adventist School v. Escamilla, 760 S.W.2d 785, 785-86 (Tex.App. Corpus Christi 1988, no writ) (taxing costs against appellees because they did not offer to enter agreed order setting aside default judgment until after appellant perfected appeal). Weaver s motion to dismiss is granted, and the appeal is dismissed. See Tex. R. App. P. 42.1(a)(1). PER CURIAM

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Before Chief Justice Gray, Justice Vance, and Justice Reyna (Chief Justice Gray dissenting) Appeal dismissed Opinion delivered and filed January 5, 2005 [CV06]

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