Thomas Land v. Katherine Elizabeth Land--Appeal from 349th District Court of Houston County

  NO. 12-08-00101-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

THOMAS LAND, APPEAL FROM THE 349TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

KATHERINE ELIZABETH LAND,

APPELLEE HOUSTON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3. Pursuant to Rule 32.1, Appellant s docketing statement was due to have been filed at the time the appeal was perfected, i.e., December 18, 2007. See Tex. R. App. P. 32.1. On March 5, 2008, this court notified Appellant that he should file a docketing statement within ten days if he had not already done so. On the same date, by separate letter, this court notified Appellant that the filing fee was due on or before March 17, 2008.

Because Appellant did not file the docketing statement as requested in our March 5, 2008 letter, this court issued a second notice on April 4, 2008 advising Appellant that the docketing statement was past due. The notice also advised Appellant that the filing fee in the appeal was due to have been paid on or before March 17, 2008 but had not been received. See Tex. R. App. P. 5. The notice further provided that unless the docketing statement and filing fee were filed on or before April 14, 2008, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. The date for filing the docketing statement and the filing fee have passed, and Appellant has not complied with the court s request. Because Appellant has failed, after notice, to comply with Rules 5 and 32.1, the appeal is dismissed. SeeTex. R. App. P. 42.3(c).

Opinion delivered April 23, 2008.

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

(PUBLISH)