In the Interest of E. K. S. and C. D. S., children--Appeal from County Court at Law of Smith County

NO. 12-06-00022-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

APPEAL FROM THE

IN THE INTEREST OF E.K.S.

AND C.D.S., CHILDREN COUNTY COURT AT LAW OF

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for Appellant s failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3.

Appellant s docketing statement was due to have been filed at the time the appeal was perfected, i.e., January 23, 2006. See Tex. R. App. P. 32.1. On January 24, 2006, this Court notified Appellant that he should file a docketing statement immediately if he had not already done so. However, Appellant failed to file a docketing statement.

On February 7, 2006, this Court issued a second notice advising Appellant that the docketing statement was past due and giving him until February 17, 2006 to comply with Rule 32.1. The notice further provided that failure to comply with this second notice would result in the appeal being presented for dismissal in accordance with Rule 42.3. The deadline for filing the docketing statement under this second notice has now passed, and Appellant has not filed the docketing statement as required by Rule 32.1 and the Court s notices.

Because Appellant has failed, after notice, to comply with Rules 25.1(e) and 32.1, the appeal is dismissed. SeeTex. R. App. P. 42.3(c).

Opinion delivered February 28, 2006.

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

(PUBLISH)