Barbara B. Holz v. Aaron Fortenberry and Amy Fortenberry--Appeal from 4th District Court of Rusk County

NO. 12-05-00076-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BARBARA B. HOLZ, APPEAL FROM THE 4TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

AARON FORTENBERRY AND

AMY FORTENBERRY, RUSK COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

PER CURIAM

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.

On February 23, 2005, this Court notified Appellant, pursuant to Rule 37.1, that her notice of appeal did not contain the information required by Rule 25.1(e). She was further notified that unless a proper notice of appeal was filed with the trial court on or before March 25, 2005, the appeal would be referred to the Court for dismissal. The deadline stated in our February 23 notice has now passed, and Appellant has not amended her notice of appeal to correct the defect.

Additionally, Appellant s docketing statement was due to have been filed at the time the appeal was perfected, i.e., November 8, 2004. See Tex. R. App. P. 32.1. On February 28, 2005, this Court notified Appellant that she should file a docketing statement immediately if she had not already done so. However, Appellant failed to file a docketing statement.

On March 15, 2005, this Court issued a second notice advising Appellant that the docketing statement was past due and giving her until March 25, 2005 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 Rule 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 Rules 25.1(e) and 32.1, the appeal is dismissed. See Tex. R. App. P. 42.3(c).

Opinion delivered March 31, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)