Willie Juarez v. Milton Ikard

• Court: Court of Appeals of Texas
• Decided: July 25, 2007
• Docket: 12-07-00218-CV
• Status: Published

Opinion

PER CURIAM HEADING

                                NO. 12-07-00218-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

WILLIE JUAREZ,    §          APPEAL FROM THE 294TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

MILTON IKARD,

APPELLEE  §          VAN ZANDT COUNTY, TEXAS

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., June 15, 2007.  See Tex. R. App. P. 32.1.  On that date, 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 29, 2007, this court issued a second notice advising Appellant that the docketing statement was past due and giving him until July 9, 2007 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 Rule 42.3.  The time for filing the docketing statement under this second notice has expired, 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 July 25, 2007.

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

(PUBLISH)