In the Matter of the Marriage of Mark Cruey and Faustina Cruey and in the Interest of S.T.C. B.A.G.C., K.F.C. and J.T.C., Children v. the State of Texas

Court of Appeals of Texas

In the Matter of the Marriage of Mark Cruey and Faustina Cruey and in the Interest of S.T.C. B.A.G.C., K.F.C. and J.T.C., Children v. the State of Texas

DecidedJune 21, 2024

Docket12-24-00159-CV

StatusPublished

This text of In the Matter of the Marriage of Mark Cruey and Faustina Cruey and in the Interest of S.T.C. B.A.G.C., K.F.C. and J.T.C., Children v. the State of Texas (In the Matter of the Marriage of Mark Cruey and Faustina Cruey and in the Interest of S.T.C. B.A.G.C., K.F.C. and J.T.C., Children v. the State of Texas) 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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In the Matter of the Marriage of Mark Cruey and Faustina Cruey and in the Interest of S.T.C. B.A.G.C., K.F.C. and J.T.C., Children v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

NO. 12-24-00159-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 18TH

IN THE MATTER OF THE MARRIAGE OF MARK CRUEY AND § JUDICIAL DISTRICT COURT FAUSTINA CRUEY AND IN THE INTEREST OF S.T.C., B.A.G.C., K.F.C., AND J.T.C., CHILDREN § JOHNSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. 1 See TEX. R. APP. P. 42.3(c). Mark Cruey filed a notice of appeal on May 13, 2024. On May 28, the Clerk of this Court notified Appellant that the notice of appeal failed to contain the information specifically required by appellate Rule 9.5 and Section 51.017(a) of the Texas Civil Practice and Remedies Code. See TEX. R. APP. P. 9.5 (service); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.017(a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for preparing reporter’s record). The notice warned that, unless Appellant filed a proper notice of appeal on or before June 7, the appeal would be referred to the Court for dismissal. This deadline passed and Appellant has not filed a compliant notice of appeal or other response to this Court’s notice.

1 This case was transferred to this Court from the Tenth Court of Appeals in Waco, Texas, pursuant to a docket equalization order. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). Because Appellant failed, after notice, to comply with Section 51.017(a), the appeal is dismissed. 2 See TEX. R. APP. P. 42.3(c) (on its own initiative after giving ten days’ notice to all parties, appellate court may dismiss appeal if appeal is subject to dismissal because appellant failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time).

Opinion delivered June 21, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 21, 2024

IN THE MATTER OF THE MARRIAGE OF MARK CRUEY AND FAUSTINA CRUEY AND IN THE INTEREST OF S.T.C., B.A.G.C., K.F.C., AND J.T.C., CHILDREN

Appeal from the 18th District Court of Johnson County, Texas (Tr.Ct.No. DC-D202100708)

THIS CAUSE came on to be heard on the appellate record, and the same being considered, it is the opinion of this Court that the 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., Hoyle, J. and Neeley, J

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NO. 12-24-00159-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 18TH

IN THE MATTER OF THE MARRIAGE OF MARK CRUEY AND § JUDICIAL DISTRICT COURT FAUSTINA CRUEY AND IN THE INTEREST OF S.T.C., B.A.G.C., K.F.C., AND J.T.C., CHILDREN § JOHNSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. 1 See TEX. R. APP. P. 42.3(c). Mark Cruey filed a notice of appeal on May 13, 2024. On May 28, the Clerk of this Court notified Appellant that the notice of appeal failed to contain the information specifically required by appellate Rule 9.5 and Section 51.017(a) of the Texas Civil Practice and Remedies Code. See TEX. R. APP. P. 9.5 (service); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.017(a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for preparing reporter’s record). The notice warned that, unless Appellant filed a proper notice of appeal on or before June 7, the appeal would be referred to the Court for dismissal. This deadline passed and Appellant has not filed a compliant notice of appeal or other response to this Court’s notice.

1 This case was transferred to this Court from the Tenth Court of Appeals in Waco, Texas, pursuant to a docket equalization order. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). Because Appellant failed, after notice, to comply with Section 51.017(a), the appeal is dismissed. 2 See TEX. R. APP. P. 42.3(c) (on its own initiative after giving ten days’ notice to all parties, appellate court may dismiss appeal if appeal is subject to dismissal because appellant failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time).

Opinion delivered June 21, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 21, 2024

IN THE MATTER OF THE MARRIAGE OF MARK CRUEY AND FAUSTINA CRUEY AND IN THE INTEREST OF S.T.C., B.A.G.C., K.F.C., AND J.T.C., CHILDREN

Appeal from the 18th District Court of Johnson County, Texas (Tr.Ct.No. DC-D202100708)

THIS CAUSE came on to be heard on the appellate record, and the same being considered, it is the opinion of this Court that the 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., Hoyle, J. and Neeley, J

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In the Matter of the Marriage of Mark Cruey and Faustina Cruey and in the Interest of S.T.C. B.A.G.C., K.F.C. and J.T.C., Children v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-marriage-of-mark-cruey-and-faustina-cruey-and-in-the-texapp-2024.

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