Opinion
No. 12-06-00366-CV.
December 1, 2006.
Appeal from the 87th, Judicial District Court of Anderson County, Texas .
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
This appeal is being dismissed because Appellant has failed, after notice, to pay this court's filing fee and file a docketing statement.
The judgment was signed on October 20, 2006. Appellant filed a notice of appeal on October 24, 2006. Appellant's filing fee and docketing statement were due to have been filed at the time the appeal was perfected, i.e., October 24, 2006. See TEX. R. APP. P. 5, 32.1. On October 26, 2006, this court extended Appellant's deadline for payment of the filing fee to November 6, 2006 and requested that Appellant immediately file the docketing statement.
When Appellant again failed to pay the filing fee and file the docketing statement, on November 7, 2006, this court issued a second notice advising him that the fee and docketing statement were past due and giving him until November 17, 2006 to comply with Rules 5 and 32.1. The notice further provided that failure to comply with this second notice would result in the appeal being presented for dismissal in accordance with Rule 42.3. The deadline established by this second notice has expired, and Appellant has not responded. Accordingly, this appeal is dismissed . See TEX. R. APP. P. 37.3(b), 42.3(c).