In the Interest of J. D. and S. K. D., children--Appeal from County Court at Law No 2 of Smith County (per curiam)

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NO. 12-12-00083-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN THE INTEREST OF § APPEAL FROM THE J.D. AND S.K.D., § COUNTY COURT AT LAW #2 CHILDREN § SMITH 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., March 6, 2012. On March 8, 2012, this court requested that Appellant file a docketing statement immediately if he had not already done so. On the same date, by separate letter, this court notified Appellant that the filing fee was due on or before March 19, 2012. Because Appellant did not file the docketing statement as requested in the March 8, 2012 notice, this court issued a second notice on March 22, 2012, 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 March 19, 2012, but had not been received. See TEX. R. APP. P. 5. The notice further provided that unless the docketing statement was filed and the filing fee paid on or before April 2, 2012, 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 paying 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. See TEX. R. APP. P. 42.3(c). Opinion delivered April 11, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH)

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