Opinion
12-22-00281-CV
11-17-2022
IN THE GUARDIANSHIP OF RAYMOND GARRETT STRBAN, AN INCAPACITATED ADULT
APPEAL FROM THE COUNTY COURT AT LAW NO. 2 OF ANGELINA COUNTY, TEXAS (TR.CT.NO. 017-17-G)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3.
Shawna Benge filed a notice of appeal on October 20, 2022. Pursuant to Rule 32.1, her docketing statement was due to have been filed at the time appeal was perfected. See Tex. R. App. P. 32.1. That same day, this Court requested that Appellant file a docketing statement within ten days if she had not already done so. Appellant did not file a docketing statement as requested.
On November 2, the Clerk of this Court issued a notice advising Appellant that her docketing statement was past due. The notice provided that unless the docketing statement was filed on or before November 14, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. Appellant did not file the required docketing statement or otherwise respond to this Court's notice.
Accordingly, because Appellant failed, after notice, to comply with Rule 32.1, the appeal is dismissed. See Tex. R. App. P. 42.3(c) (after giving ten days' notice, appellate court may dismiss appeal because appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time).
We also note that Appellant's notice of appeal fails to contain the information specifically required by Texas Rule of Appellate Procedure 9.5 and Section 51.017(a) of the Texas Civil Practice and Remedies Code. See Tex. R. App. P. 9.5 (service); see also Tex. Civ. Prac. & Rem. Code Ann. (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for preparing reporter's record).
JUDGMENT
THIS CAUSE came on to be heard on the appellate record, and the same being considered, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.