David Smith v. Jeremy Conner--Appeal from County Court of Henderson County

  NO. 12-07-00133-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DAVID SMITH, APPEAL FROM THE

APPELLANT

V. COUNTY COURT OF

JEREMY CONNER,

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 9, 2007. See Tex. R. App. P. 32.1. On April 10, 2007, this court notified Appellant that he should file a docketing statement within ten days if he had not already done so. In a separate notice on the same date, this court requested that Appellant remit the filing fee on or before April 20, 2007.

Appellant did not file the docketing statement or remit the filing fee as requested in the April 10, 2007 notices. This court issued another notice on May 3, 2007 advising Appellant that his docketing statement was past due and that the filing fee 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 14, 2007, 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 the 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 May 23, 2007.

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

(PUBLISH)