Opinion
No. 12-04-00292-CV
Opinion delivered October 20, 2004.
Appeal from the County Court at Law of Cherokee 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., September 1, 2004. See TEX. R. APP. P. 32.1. On September 10, 2004, this Court notified Appellant that he should file a docketing statement immediately if he had not already done so. However, Appellant failed to file a docketing statement.
On September 24, 2004, 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 September 20, 2004, 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 October 4, 2004, 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. Appellant having failed after notice to comply with Rule 5 and Rule 32.1, the appeal is dismissed. TEX. R. APP. P. 42.3(c).