David Allen Russell v. Pnoso Rayford, A. King, Nina Tanner, Ruth Bouwer, Katherine Watkins, and Charles Adams Appeal from 3rd District Court of Anderson County (memorandum opinion per curiam)
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NO. 12-16-00298-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS DAVID ALLEN RUSSELL, APPELLANT § APPEAL FROM THE 3RD § JUDICIAL DISTRICT COURT § ANDERSON COUNTY, TEXAS V. PNOSO RAYFORD, A. KING, NINA TANNER, RUTH BOUWER, KATHERINE WATKINS, AND CHARLES ADAMS, APPELLEES 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(c). On November 10, 2016, the clerk of this Court notified Appellant that the filing fee in this appeal is due. See TEX. R. APP. P. 5. Appellant was informed that failure to remit the filing fee on or before November 21, 2016, would result in the Court’s taking appropriate action, including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee has passed, and Appellant has not complied with the Court’s request. Also on November 10, we notified Appellant that his notice of appeal failed to comply with the rules of appellate procedure. See TEX. R. APP. P. 9.5, 25.1(e), 37.1. The notice warned that, unless Appellant filed a proper notice of appeal on or before November 21, the appeal would be referred to the Court for dismissal. The deadline has passed and Appellant has not filed a compliant notice of appeal or otherwise responded to this Court’s November 10 notice. Because Appellant has failed, after notice, to comply with Rules 5, 9.5, and 25.1, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered November 30, 2016. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT NOVEMBER 30, 2016 NO. 12-16-00298-CV DAVID ALLEN RUSSELL, Appellant V. PNOSO RAYFORD, A. KING, NINA TANNER, RUTH BOUWER, KATHERINE WATKINS, AND CHARLES ADAMS, Appellees Appeal from the 3rd District Court of Anderson County, Texas (Tr.Ct.No. DCCV16-442-3) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
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