NO. 12-07-00235-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

FOREMOST COUNTY

MUTUAL INSURANCE COMPANY,        §          APPEAL FROM THE

APPELLANT

V.        §          DISTRICT COURT OF

ROBERT WHISENHUNT, JR.,

APPELLEE   §          SAN AUGUSTINE 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., June 26, 2007.  See Tex. R. App. P. 32.1.  On that date, this court notified Appellant that it should file a docketing statement within ten days if it had not already done so. 

            Because Appellant did not file a docketing statement as requested in our June 26, 2007 notice, this court issued a second notice on July 12, 2007 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 July 6, 2007, but had not been received.  See Tex. R. App. P. 5.  The notice further provided that unless the docketing statement and filing fee were filed on or before July 23, 2007, the appeal would be presented for dismissal in accordance with Rule 42.3.  The date for filing the docketing statement and the filing fee have passed, and Appellant has not complied with the court’s request.  Because Appellant has failed, after notice, to comply with Rules 5 and 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)