NO. 12-03-00397-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
JESSICA L. MCWHORTER,§ APPEAL FROM THE 145TH
APPELLANT
V.§ JUDICIAL DISTRICT COURT OF
DAVID R. WILLIAMSON,
APPELLEE§ NACOGDOCHES COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. 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., November 20, 2003. See Tex. R. App. P. 32.1. On November 25, 2003, this court notified Appellant that she should file a docketing statement immediately if she had not already done so. However, Appellant failed to file a docketing statement.
On December 10, 2003, this court issued a second notice advising Appellant that the docketing statement was past due. The notice also advised Appellant that the filing fee was due to have been paid on or before December 5, 2003, but had not been received. See Tex. R. App. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the docketing statement and filing fee were filed on or before December 22, 2003, the appeal would be presented for dismissal in accordance with Rule 42.3. The time for filing the docketing statement and paying the filing fee has expired, and Appellant has not complied with the court's request. Appellant, having failed after notice to comply with Rules 5 and Rule 32.1, the appeal is dismissed. Tex. R. App. P. 42.3(c).
Opinion delivered December 31, 2003.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(PUBLISH)