Michael Glenn Williams v. Julie Donell Williams--Appeal from 173rd District Court of Henderson County

NO. 12-06-00146-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL GLENN WILLIAMS, APPEAL FROM THE 173RD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

JULIE DONELL WILLIAMS,

APPELLEE HENDERSON 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., April 27, 2006. See Tex. R. App. P. 32.1. On May 2, 2006, this court notified Appellant that he should file a docketing statement in the appeal immediately if he had not already done so.

Because Appellant did not file the docketing statement as requested in our May 2, 2006 letter, this court issued a second notice on May 19, 2006 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 May 12, 2006, 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 May 30, 2006, 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 has passed, and Appellant has not complied with this 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 June 7, 2006.

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

(PUBLISH)