Edward R. Swanson v. Tom Swanson, et al--Appeal from 349th District Court of Anderson County (per curiam)
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NO. 12-12-00204-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS EDWARD R. SWANSON, APPELLANT § APPEAL FROM THE 349TH V. § JUDICIAL DISTRICT COURT TOM SWANSON, ET AL, APPELLEES § ANDERSON 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 16, 2012. On June 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 June 18, 2012. Because Appellant did not file the docketing statement as requested in the April 16, 2012 notice, this court issued a second notice on June 21, 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 June 18, 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 July 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 July 18, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH) 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JULY 18, 2012 NO. 12-12-00204-CV EDWARD R. SWANSON, Appellant V. TOM SWANSON, ET AL, Appellee Appeal from the 349th Judicial District Court of Anderson County, Texas. (Tr.Ct.No. 349-4616) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this 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. 3
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