Ronald E. Fix v. Donna L. Plummer

Court of Appeals of Texas

Ronald E. Fix v. Donna L. Plummer

DecidedJuly 13, 2005

Docket12-05-00185-CV

StatusPublished

This text of Ronald E. Fix v. Donna L. Plummer (Ronald E. Fix v. Donna L. Plummer) 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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Ronald E. Fix v. Donna L. Plummer, (Tex. Ct. App. 2005).

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Opinion

PER CURIAM HEADING

NO. 12-05-00185-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RONALD E. FIX, § APPEAL FROM THE 4TH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

DONNA L. PLUMMER,

APPELLEE § RUSK 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., April 29, 2005. See Tex. R. App. P. 32.1. On June 9, 2005, this Court notified Appellant that he should file a docketing statement within ten days if he had not already done so. However, Appellant failed to file a docketing statement.

On June 23, 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 20, 2005, but had not been received. See Tex. R. App. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the docketing statement and filing fee were filed on or before July 5, 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. 42.3(c).

Opinion delivered July 13, 2005.

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

(PUBLISH)

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PER CURIAM HEADING

NO. 12-05-00185-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RONALD E. FIX, § APPEAL FROM THE 4TH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

DONNA L. PLUMMER,

APPELLEE § RUSK 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., April 29, 2005. See Tex. R. App. P. 32.1. On June 9, 2005, this Court notified Appellant that he should file a docketing statement within ten days if he had not already done so. However, Appellant failed to file a docketing statement.

On June 23, 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 20, 2005, but had not been received. See Tex. R. App. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the docketing statement and filing fee were filed on or before July 5, 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. 42.3(c).

Opinion delivered July 13, 2005.

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

(PUBLISH)

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