Larry Thrasher v. Ronald A. Brown, The Ronald A. Brown Trust and The Smart-N-Soda Partnership--Appeal from 402nd District Court of Wood County

PER CURIAM HEADING NO. 12-03-00283-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

LARRY THRASHER,

 
APPEAL FROM THE 402ND

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

RONALD A. BROWN, THE

RONALD A. BROWN TRUST

 
WOOD COUNTY, TEXAS

AND THE SMART-N-SODA

PARTNERSHIP, APPELLEES

MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3. Pursuant to Texas Rule of Appellate Procedure Rule 32.1, Appellant's docketing statement was due to have been filed at the time the appeal was perfected. On September 18, 2003, 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 September 15, 2003, but had not been received. See Tex. R. App. P. 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 September 29, 2003.

As of September 30, 2003, Appellant has not 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 September 30, 2003.

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

(PUBLISH)