In Re: John D. Nation--Appeal from County Court at Law No 2 of Smith County

NO. 12-05-00260-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: JOHN D. NATION, ORIGINAL PROCEEDING

CONTEMNOR

MEMORANDUM OPINION

On August 26, 2005, this Court initiated contempt proceedings against attorney John D. Nation for failing to obey its July 7, 2005 order by which it was ordered that Nation file the appellant s brief in cause number 12-04-00330-CR on or before August 25, 2005. Nation was ordered to appear before this Court at 9:00 a.m. on September 7, 2005 to SHOW CAUSE, if any..., why [he] should not be held in contempt of this Court and punished for failure to comply with the order of this Court dated July 7, 2005.... Nation appeared in person at 9:00 a.m. on September 7, 2005 and filed the appellant s brief in cause number 12-04-00330-CR.

At the conclusion of the hearing, the Court found Nation in contempt for violating the July 7, 2005 order. As punishment, the Court assessed a fine of $500.00, payable to the Clerk of the Twelfth Court of Appeals on or before October 7, 2005. On October 7, 2005, Nation paid the fine assessed. Because Nation has purged himself of his contempt, this original proceeding is dismissed.

JAMES T. WORTHEN

Chief Justice

Opinion delivered October 12, 2005.

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

(PUBLISH)