Opinion
No. 12-11-00208-CV
Opinion delivered August 10, 2011.
Appealed from the 7th Judicial District Court, Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
This appeal is being dismissed because Appellant has failed 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., July 11, 2011. See TEX. R. APP. P. 32.1. Because Appellant did not file his docketing statement at that time, this court requested by letter dated July 11, 2011, that he file his docketing statement within ten days if he had not already done so. Appellant did not file the docketing statement as requested.
In a second notice dated July 25, 2011, the court advised Appellant that the docketing statement had not been filed as requested in this court's July 11, 2011 letter. The notice further provided that unless the docketing statement was filed on or before August 1, 2011, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. See TEX. R. APP. P. 32.1. The August 1 deadline has passed, and Appellant has not complied with the court's request. Because Appellant has failed, after notice, to comply with Rule 32.1, the appeal is dismissed . See TEX. R. APP. P. 42.3(c).