In the Matter of the Marriage of Ashlee Desoree Johnston and Justin Ross Johnston and in the Interest of S.M.J., a Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 31, 2025
• Docket: 10-25-00164-CV
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00164-CV

In the Matter of the Marriage of Ashlee Desoree Johnston and Justin Ross Johnston and in the Interest of S.M.J., a Child

On appeal from the County Court at Law of Walker County, Texas Judge John R. Gaines, presiding Trial Court Cause No. D2420018

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

Appellant, Justin Ross Johnston, appealed from a final decree of divorce

signed by the trial court on March 21, 2025. On May 29, 2025, Appellant was

notified that a docketing statement is required to be completed and returned

to this Court within 21 days of that date. The required docketing statement

was not received. See TEX. R. APP. P. 32.1. By letter dated June 25, 2025, the

Clerk of this Court notified Appellant that the docketing statement has not

been filed and warned him that the Court may dismiss the appeal without

further notice if a docketing statement was not filed within twenty-one days

from the date of the letter. See TEX. R. APP. P. 42.3(c). More than twenty-one days have passed, and we have not received the

docketing statement. Accordingly, we dismiss this appeal. See TEX. R. APP. P.

32.1, 42.3(c); see also Hensley v. W.M. Specialty Mortg., LLC, No. 10-05-00322-

CV, 2005 Tex. App. LEXIS 9614, at *1-2 (Tex. App.—Waco Nov. 16, 2005, no

pet.) (mem. op.) (dismissing an appeal for failure to file a docketing statement).

MATT JOHNSON Chief Justice

OPINION DELIVERED and FILED: July 31, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed CV06

In the Matter of the Marriage of Johnston Page 2