Judy Harrell, Dale Harrell, Pat Harrell, Individually and Judy Harrell Estate of William Fred Harrell and Estate of Clovis Harrell v. Jerry Lynn Harrell Appeal from 294th District Court of Van Zandt County (memorandum opinion per curiam)
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NO. 12-18-00057-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JUDY HARRELL, DALE HARRELL, PAT HARRELL, INDIVIDUALLY AND JUDY HARRELL ESTATE OF WILLIAM FRED HARRELL AND ESTATE OF CLOVIS HARRELL, APPELLANTS § APPEAL FROM THE 294TH § JUDICIAL DISTRICT COURT § VAN ZANDT COUNTY, TEXAS V. JERRY LYNN HARRELL, APPELLEE 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, Appellants’ docketing statement was due to have been filed at the time the appeal was perfected, i.e., March 15, 2018. On March 19, 2018, this Court requested that Appellants file a docketing statement within ten days if they had not already done so. Appellants did not file the docketing statement as requested. On April 4, this Court issued a second notice advising Appellants that the docketing statement was past due. The notice further provided that unless the docketing statement was filed on or before April 16, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. The date for filing the docketing statement has passed, and Appellants have not complied with the Court’s request.1 Because Appellants have failed, after notice, to comply with Rule 32.1, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). 1 On April 23, 2018, Appellant informed this Court that the parties settled the case and intended to file a motion to dismiss. As of the date of this opinion, no motion to dismiss has been filed, despite inquiries regarding status by this Court’s clerk’s office. Opinion delivered June 6, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JUNE 6, 2018 NO. 12-18-00057-CV JUDY HARRELL, DALE HARRELL, PAT HARRELL, INDIVIDUALLY AND JUDY HARRELL ESTATE OF WILLIAM FRED HARRELL AND ESTATE OF CLOVIS HARRELL, Appellants V. JERRY LYNN HARRELL, Appellee Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. 13-00258) 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., Hoyle, J. and Neeley, J.
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