In the Matter of the Marriage of Andy Malley and Julie Malley and In the Interest of Matthew Steven Malley and Randall Lee Malley, Minor Children--Appeal from 5th District Court of Cass County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00133-CV

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IN THE MATTER OF THE MARRIAGE OF

ANDY MALLEY AND JULIE MALLEY

AND IN THE INTEREST OF

MATTHEW STEVEN MALLEY AND

RANDALL LEE MALLEY, MINOR CHILDREN

On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 05-D-016

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

On November 23, 2005, Andy Malley appealed the trial court's judgment granting a final decree of divorce. That same day, we instructed Malley to complete and file a docketing statement with this Court by Thursday, December 8, 2005, along with a $125.00 filing fee. By January 11, 2006, we had not received Malley's docketing statement, the filing fee, nor any contact from Malley regarding this appeal. We therefore informed Malley that, if he made no further effort to pursue this appeal within ten days, his appeal would be subject to dismissal for want of prosecution as provided by Rule 42.3 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3.

Nearly thirty days have passed since we last wrote Malley. He has not contacted this Court, and has neither paid the filing fee nor submitted a docketing statement. Accordingly, pursuant to the authority provided by Rule 42.3 of the Texas Rules of Appellate Procedure, we dismiss the appeal for want of prosecution.

Josh R. Morriss, III

Chief Justice

Date Submitted: February 9, 2006

Date Decided: February 10, 2006