Opinion
No. 12-06-00381-CV.
Opinion delivered December 20, 2006. PUBLISH.
Appeal from the Fourth Judicial District Court of Rusk County, Texas .
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3. Pursuant to Rule 32.1, Appellant's docketing statement was due to have been filed at the time the appeal was perfected, i.e., September 1, 2006. See TEX. R. APP. P. 32.1. On November 7, 2006, this Court notified Appellant that he should file a docketing statement immediately if he had not already done so.
Because Appellant did not file the docketing statement as requested in our November 7, 2006 letter, this Court issued a second notice on November 28, 2006 advising Appellant that the docketing statement was past due. The notice also advised Appellant that the filing fee in the appeal was due to have been paid on or before November 17, 2006, but had not been received. See TEX. R. APP P. 5. The notice further provided that unless the docketing statement and filing fee were filed on or before December 8, 2006, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. The date for filing the docketing statement and the filing fee has passed, and Appellant has not complied with the Court's request. Because Appellant has failed, after notice, to comply with Rules 5 and 32.1, the appeal is dismissed . See TEX. R. APP. P. 42.3(c).