Daniel N. Johnson, as Independent of the Tommye C. Stringfield Estate v. Russell Driver, as Trustee of the Billie Holcomb Living Trust

Court of Appeals of Texas

Daniel N. Johnson, as Independent of the Tommye C. Stringfield Estate v. Russell Driver, as Trustee of the Billie Holcomb Living Trust

DecidedJune 30, 2005

Docket12-05-00179-CV

StatusPublished

This text of Daniel N. Johnson, as Independent of the Tommye C. Stringfield Estate v. Russell Driver, as Trustee of the Billie Holcomb Living Trust (Daniel N. Johnson, as Independent of the Tommye C. Stringfield Estate v. Russell Driver, as Trustee of the Billie Holcomb Living Trust) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Daniel N. Johnson, as Independent of the Tommye C. Stringfield Estate v. Russell Driver, as Trustee of the Billie Holcomb Living Trust, (Tex. Ct. App. 2005).

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Opinion

PER CURIAM HEADING

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)

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PER CURIAM HEADING

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)

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Daniel N. Johnson, as Independent of the Tommye C. Stringfield Estate v. Russell Driver, as Trustee of the Billie Holcomb Living Trust, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-n-johnson-as-independent-of-the-tommye-c-st-texapp-2005.