Michael Kennedy v. Charles Steen and Detective Munniz

• Court: Court of Appeals of Texas
• Decided: April 16, 2008
• Docket: 12-08-00100-CV
• Status: Published

Opinion

PER CURIAM HEADING

                                NO. 12-08-00100-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL KENNEDY,       §                      APPEAL FROM THE THIRD

APPELLANT

V.        §                      JUDICIAL DISTRICT COURT OF

CHARLES STEEN AND

DETECTIVE MUNNIZ,       §                      ANDERSON COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for Appellant’s failure to comply with the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 42.3.

            Appellant’s docketing statement was due to have been filed at the time the appeal was perfected, i.e., March 4, 2008.  See Tex. R. App. P. 32.1.  On March 5, 2008, this court notified Appellant that he should file a docketing statement immediately if he had not already done so.  However, Appellant failed to file a docketing statement.

            On March 28, 2008, this court issued a second notice advising Appellant that the docketing statement was past due and giving him until April 7, 2008 to comply with Rule 32.1.  The notice further provided that failure to comply with this second notice would result in the appeal being presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3.  The deadline for filing the docketing statement under this second notice has now passed, and Appellant has not filed the docketing statement as required by Rule 32.1 and the court’s notices. 

            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 April 16, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)