Teressa Diane Nicholson v. David Nicholson--Appeal from County Court at Law No 2 of Smith County

NO. 12-05-00101-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TERESSA DIANE NICHOLSON, APPEAL FROM THE

APPELLANT

V. COUNTY COURT AT LAW NO. 2 OF

DAVID NICHOLSON,

APPELLEE SMITH COUNTY, TEXAS

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 Rule 32.1, Appellant s docketing statement was due to have been filed at the time the appeal was perfected, i.e., February 14, 2005. See Tex. R. App. P. 32.1. On March 21, 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 April 8, 2005, this Court issued a second notice advising Appellant that the docketing statement was past due. The notice also advised Appellant that the filing fee was due to have been paid on or before March 31, 2005, but had not been received. See Tex. R. App. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the docketing statement and filing fee were filed on or before April 18, 2005, the appeal would be presented for dismissal in accordance with Rule 42.3. The time for filing the docketing statement and paying the filing fee has expired, and Appellant has not complied with the Court s request. Because Appellant has 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 April 29, 2005.

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

(PUBLISH)