Opinion
No. 12-06-00421-CV.
Opinion delivered February 21, 2007.
Appeal from the 369th Judicial District Court of Cherokee County, Texas.
Panel consisted of: WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
This appeal is being dismissed for Appellant's failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3.
Appellant's docketing statement was due to have been filed at the time the appeal was perfected, i.e., December 15, 2006. See TEX. R. APP. P. 32.1. On December 18, 2006, 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 January 29, 2007, this court issued a second notice advising Appellant that the docketing statement was past due and giving him until February 8, 2007 to comply with Rule 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 Texas Rule of Appellate Procedure 42.3. The deadline for filing the docketing statement under this second notice has now passed, and Appellant has not filed the docketing statement as required by Rule 32.1 and the court's notices.
Because Appellant has failed, after notice, to comply with Rule 32.1, the appeal is dismissed . See TEX. R. APP. P. 42.3(c).