Opinion
No. 12-05-00185-CV
Opinion delivered July 13, 2005.
Appeal from the 4th Judicial District Court of Rusk County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. 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., April 29, 2005. See TEX. R. APP. P. 32.1. On June 9, 2005, this Court notified Appellant that he should file a docketing statement within ten days if he had not already done so. However, Appellant failed to file a docketing statement.
On June 23, 2005, this Court issued a second notice advising Appellant that the docketing statement was past due. The notice also advised Appellant that the filing fee was due to have been paid on or before June 20, 2005, but had not been received. See TEX. R. APP. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the docketing statement and filing fee were filed on or before July 5, 2005, the appeal would be presented for dismissal in accordance with Rule 42.3. The time for filing the docketing statement and paying the filing fee has expired, and Appellant has not complied with the Court's request. Because Appellant has failed, after notice, to comply with Rule 5 and Rule 32.1, the appeal is dismissed. TEX. R. APP. P. 42.3(c).