NO. 12-05-00179-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
DANIEL N. JOHNSON, AS § APPEAL FROM THE
INDEPENDENT EXECUTOR OF THE
TOMMYE C. STRINGFIELD ESTATE,
APPELLANT
V. § COUNTY COURT AT LAW
RUSSELL DRIVER, AS TRUSTEE OF
THE BILLIE HOLCOMB LIVING TRUST,
APPELLEE § HENDERSON 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., May 2, 2005. See Tex. R. App. P. 32.1. On June 3, 2005, this Court requested that Appellant file the docketing statement in the appeal if he had not already done so. However, Appellant did not file a docketing statement.
On June 16, 2005, 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 June 13, 2005, but had not been received. See Tex. R. App. P. 5. The notice further provided that unless the docketing statement and filing fee were filed on or before June 27, 2005, 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. Because Appellant has failed, after notice, to comply with Rule 5 and Rule 32.1, the appeal is dismissed. Tex. R. App. P. 42.39(c).
Opinion delivered June 30, 2005.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(PUBLISH)