Opinion
No. 05-02-01318-CV.
Opinion issued January 17, 2003.
Appeal from the 196th Judicial District Court, Hunt County, Texas, Trial Court Cause No. 64907.
DISMISSED.
Before Justices WHITTINGTON, RICHTER, and FRANCIS.
MEMORANDUM OPINION
By notice dated August 15, 2002, the Court informed appellant that his notice of appeal was filed. By separate notice dated August 22, the Court instructed appellant to file a docketing statement within ten days. Appellant returned the August 15, 2002 and August 22, 2002 notices to the Court in his September 3, 2002 letter, stating: "I have `No Idea' as to what your office is informing me of and I have no knowledge of these case numbers. Please send copies of appeal and advise." By the Court's letter of December 13, 2002, the Court forwarded to appellant a copy of a July 17, 2002 letter accepted by the trial court as a notice of appeal of its June 17, 2002 order denying expunction, a copy of a docketing statement, and information regarding the trial cause number on appeal and the date the clerk's record was filed with this Court. The Court instructed appellant:
If appellant desires to pursue this appeal, he is directed to fill out the docketing statement and return to the Court, within fifteen (15) days. Appellant is specifically instructed to advise the Court whether a reporter's record is necessary for this appeal. If appellant fails to return the docketing statement, the Court will conclude that appellant does not intend to pursue this appeal, and the appeal will be dismissed for want of prosecution after fifteen (15) days, without further notice from the Court. See Tex.R.App.P. 32.1; 42.3.
On December 27, 2002, the Court received a letter from appellant, which in part stated:
I request that all of my correspondence to the Court be liberally construed per Heines vs. Kerner, 92 S.Ct. 594, 30 L.Ed., in addition I request that this correspondence and its explination (sic) serve as Docketing Statement, Appeal, etc., etc. in this case, as unorthodoxed (sic) as my approach may be I pray the court will see my intent and grant such. . . . I shouldn't be required to file to have records expunged, appeal, fill out docketing statement, etc., etc. . In America I am innocent of any wrongdoing until found guilty.
Appellate rule 32.1 states that upon perfecting the appeal in a civil case, the appellant must file in the appellate court a docketing statement that provides information regarding: 1) the names and addresses of counsel representing the parties; 2) the names and addresses of parties not represented by counsel; 3) the trial court's name and county; 4) the name of the judge who tried the case; 5) the date the judgment or order appealed from was signed; 5) the date notice of appeal was filed in the trial court; 6) the date any motion extending the time to file notice of appeal was filed; 7) the general nature of the case; 8) whether the appeal should be given priority or is accelerated; 9) whether appellant has requested or will request a reporter's record; and 10) other information regarding the case. Of the above required information, appellant's letter of December 27, 2002, only provides appellant's name and background information about the matter appellant wishes to expunge from his record. The December 27, 2002 letter is not acceptable as a docketing statement for this appeal.
Appellant has failed to fill out and return the docketing statement as directed by the Court's letter dated December 13, 2002. Accordingly, on the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P. 32.1; 42.3.