in the Interest of J.H., a Child

Opinion

NO. 12-13-00315-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE IN THE INTEREST OF J.H., § COUNTY COURT AT LAW A CHILD, § CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed because Appellant has failed 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., October 9, 2013. See TEX. R. APP. P. 32.1. Because Appellant did not file her docketing statement at that time, this court requested by letter on October 21, 2013, that she file her docketing statement within ten days if she had not already done so. Appellant did not file the docketing statement as requested. On November 4, 2013, the court notified Appellant that the appeal would be dismissed on or before November 14, 2013, unless she filed the required docketing statement. See TEX. R. APP. P. 32.1. The November 14 deadline has passed, and Appellant has not complied with the court’s request. Because Appellant has failed, after notice, to comply with Rule 32.1, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered November 21, 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEMBER 21, 2013

IN THE INTEREST OF J.H., A CHILD,

Appeal from the County Court at Law of Cherokee County, Texas (Tr.Ct.No. 2012-07-0506)

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. THE STATE OF TEXAS MANDATE *********************************************

TO THE COUNTY COURT AT LAW OF CHEROKEE COUNTY, GREETING:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 21st day of November, 2013, the cause upon appeal to revise or reverse your judgment between

IN THE INTEREST OF J.H., A CHILD

NO. 12-13-00315-CV; Trial Court No. 2012-07-0506

By per curiam opinion.

was determined; and therein our said Court made its order in these words:

“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.”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the xx day of November, 2013.

CATHY S. LUSK, CLERK

By: _______________________________ Chief Deputy Clerk