NO. 12-06-00325-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: WINFRED A. SIMMONS, II,         §          ORIGINAL PROCEEDING

CONTEMNOR

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MEMORANDUM OPINION

PER CURIAM

            On September 14, 2006, this Court initiated contempt proceedings against attorney Winfred A. Simmons, II for failing to obey its order by which it was ordered that Simmons file the appellant’s brief in cause number 12-06-00048-CR on or before August 28, 2006.  Simmons was ordered to appear before this Court at 9:00 a.m. on September 27, 2006 to “SHOW CAUSE, if any..., why [he] should not be held in contempt of this Court and punished for failure to comply with the order of this Court dated August 28, 2006. . . .”  Simmons appeared in person at 9:00 a.m. on September 27, 2006 and filed the appellant’s brief in cause number 12-06-00048-CR.

            At the conclusion of the hearing, the Court found that Simmons was in contempt for violating the August 28, 2006 order.  As punishment, the Court assessed a fine of $500.00, payable to the Clerk of the Twelfth Court of Appeals on or before October 27, 2006.  On October 27, 2006, Simmons paid the fine assessed.  Because Simmons has purged himself of his contempt, this original proceeding is dismissed. 

Opinion delivered November 1, 2006.

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

(PUBLISH)