Michael A. Kennedy v. James T. Worthen ( 2018 )

NO. 12-18-00229-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
MICHAEL A. KENNEDY, § APPEAL FROM THE 3RD
APPELLANT
V. § JUDICIAL DISTRICT COURT
JAMES T. WORTHEN, ET AL,
APPELLEES § ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 42.3(c).
On August 22, 2018, the clerk of this Court notified Appellant that the filing fee in this
appeal is due. See TEX. R. APP. P. 5. Appellant was informed that failure to remit the filing fee
on or before September 4, 2018, would result in the Court’s taking appropriate action, including
dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting
the filing fee has passed, and Appellant has not complied with the Court’s request.
Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed.
See TEX. R. APP. P. 42.3(c).
Opinion delivered September 26, 2018.
Panel consisted of Neeley, J., and Bass, Retired J., Twelfth Court of Appeals, sitting by assignment;
Worthen, C.J., and Hoyle, J., not participating.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
SEPTEMBER 26, 2018
NO. 12-18-00229-CV
MICHAEL A. KENNEDY,
Appellant
V.
JAMES T. WORTHEN, ET AL,
Appellees
Appeal from the 3rd District Court
of Anderson County, Texas (Tr.Ct.No. DCCV17-723-3)
THIS CAUSE came to be heard on the appellate record; and the same being
considered, it is the opinion of this Court that this 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 Neeley, J., and Bass, Retired J., Twelfth Court of Appeals, sitting by
Assignment; Worthen, C.J., and Hoyle, J., not participating.