In the Matter of the Marriage of Douglas Capener and Kristen Yarbrough aka Kristen Capener and in the Interest of B.C. and K.C., Children

Summary

The Tenth Court of Appeals of Texas dismissed Douglas Capener’s appeal from an order granting de novo relief in a family-law matter. The dismissal followed the trial court’s entry of an agreed order granting a new trial and vacating the challenged order; costs were taxed against Capener, and unpaid filing fees were written off by the court without eliminating Capener’s underlying obligation.

Holdings

1. The appeal was dismissed because the trial court had vacated the Order on Petitioner's Request for De Novo Relief, and dismissal would not prevent any party from seeking appropriate relief.
2. Because there was no agreement otherwise, costs were taxed against Capener, and the court suspended the applicable filing-fee rule and ordered the Clerk to write off the unpaid filing fees from the court's accounts receivable without eliminating or reducing Capener's underlying obligation.

Questions Presented

1. Whether the appeal should be dismissed after the trial court vacated the order being appealed through an agreed order granting a new trial.
2. Whether unpaid appellate filing fees should be written off under the circumstances presented.

Disposition

dismissed