Robert Howard Dennis, Sr. v. Catherine Denise Dennis--Appeal from County Court at Law of Cherokee County

PER CURIAM HEADING NO. 12-02-00208-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

ROBERT HOWARD DENNIS, SR.,

 
APPEAL FROM THE

APPELLANT

 

V.

 
COUNTY COURT AT LAW

CATHERINE DENISE DENNIS,

APPELLEE

 
CHEROKEE COUNTY, TEXASPER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3. (1) Pursuant to Rule 32.1, Appellant's docketing statement was due to have been filed at the time the appeal was perfected. On August 16, 2002, this Court notified Appellant that the docketing statement was past due and that the filing fee was due to have been paid on or before August 15, 2002, but had not been received. Tex. R. App. 5 (requiring payment of filing fee at time an item is presented for filing). Appellant was further notified that this appeal would be presented to the court for dismissal if the filing fee and a complete docketing statement were not filed on or before August 26, 2002.

As of August 30, 2002, Appellant has neither responded to the August 16 notice nor complied with the court's request. Appellant having failed, after notice, to comply with Rule 5 and Rule 32.1, the appeal is dismissed. Tex. R. App. P. 42.3(c).

Opinion delivered August 30, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 
DO NOT PUBLISH

1. Tex. R. App. P. 42.3 provides:

 

Involuntary Dismissal in Civil Cases. Under the following circumstances, on any party's motion -- or on its own initiative after giving ten days' notice to all parties -- the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

(a) for want of jurisdiction:

(b) for want of prosecution; or

(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.