Gloria Thomas v. Churchill at Longview--Appeal from County Court at Law No 2 of Gregg County (per curiam)
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NO. 12-12-00026-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS GLORIA THOMAS, APPELLANT § APPEAL FROM THE V. § COUNTY COURT AT LAW #2 CHURCHILL AT LONGVIEW, APPELLEE § GREGG COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed because Appellant has failed 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., January 4, 2012. See TEX. R. APP. P. 32.1. Because Appellant did not file her docketing statement at that time, this court requested by letter dated January 13, 2012, that she file her docketing statement within ten days if she had not already done so. Appellant did not file the docketing statement as requested. In a second notice dated February 2, 2012, the court advised Appellant that the filing fee was due to have been paid on or before January 23, 2012, but had not been received, and that the docketing statement was past due. The notice further provided that unless the filing fee was paid and the docketing statement filed on or before February 13, 2012, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. See TEX. R. APP. P. 5, 32.1. The February 13 deadline 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. See TEX. R. APP. P. 42.3(c). Opinion delivered March 7, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MARCH 7, 2012 NO. 12-12-00026-CV GLORIA THOMAS, Appellant v. CHURCHILL AT LONGVIEW, Appellee Appeal from the County Court at Law #2 of Gregg County, Texas. (Tr.Ct.No. 2011-0386-C) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. THE STATE OF TEXAS MANDATE ********************************************* TO THE COUNTY COURT AT LAW #2 of GREGG COUNTY, GREETING: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 7th day of March, 2012, the cause upon appeal to revise or reverse your judgment between GLORIA THOMAS, Appellant NO. 12-12-00026-CV; Trial Court No. 2011-0386-C By per curiam opinion. CHURCHILL AT LONGVIEW, Appellee was determined; and therein our said Court made its order in these words: THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed. WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 201____. CATHY S. LUSK, CLERK By:_______________________________ Deputy Clerk 3
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