debra-jane-huett-v-charles-hodges-hodges-surveying-william-pemberton ( 2009 )

NO

NO. 12-09-00407-CV

                         IN THE COURT OF APPEALS

            TWELFTH COURT OF APPEALS DISTRICT

                                      TYLER, TEXAS

DEBRA JANE HUETT,                                    '     APPEAL FROM THE 3RD

APPELLANT

V.                                                                         '     JUDICIAL DISTRICT COURT OF

CHARLES HODGES, HODGES SURVEYING,

WILLIAM PEMBERTON, JOHN L. BILLINGSLEY

LOGGING, LLC, JOHN L. BILLINGSLEY TRUCKING,

LLC, JOHN L. BILLINGSLEY INVESTMENT, LLC,

JOHN L. BILLINGSLEY, JOE BILLINGSLEY, LES

CHAMBERS, MARTHA MINGLE-HO, TIM

NORLAND, RAY NEUER, JOE GARNETT, '     HOUSTON COUNTY, TEXAS

SHEEHY, SERPE AND WARE, PC, MARK

CALHOON, JERRY CALHOON, MARILYN ROAF,

JOHN OVARD, GEORGE COWART, SANDY

HUGHES, CAROLYN RAINS, ANGELA DION

AND PATTY GEORGE, APPELLEES

                                                      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. 

            The clerk’s record in this appeal was due to have been filed on or before December 4, 2009.  On December 2, 2009, Huett was notified that the district clerk had requested an extension of time for filing the clerk’s record stating that the reason for the delay was due to nonpayment of the required preparation fee. Huett was informed that the appeal would be presented to the court for dismissal unless proof of full payment to the clerk was provided to this court no later than December 14, 2009.

            The date for providing proof of payment for the clerk’s record has passed, and Huett has not complied with the court’s request or otherwise responded to this court’s December 2, 2009 notice.  Because Huett has failed, after notice, to comply with this court’s notice, the appeal is dismissed.  See Tex. R. App. P. 42.3(c).

Opinion delivered December 16, 2009.

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

(PUBLISH)