Johnny D. Buford v. Vernon Milling Company, Inc. and John Doe, Truck Driver

NO. 12-23-00179-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOHNNY D. BUFORD, § APPEAL FROM THE
APPELLANT

V. § COUNTY COURT AT LAW NO. 3

VERNON MILLING COMPANY, INC.
AND JOHN DOE, TRUCK DRIVER, § SMITH COUNTY, TEXAS
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.
Johnny D. Buford filed a pro se notice of appeal on July 11, 2023. Pursuant to Rule 32.1,
the docketing statement was due to have been filed at the time appeal was perfected. See TEX.
R. APP. P. 32.1. That same day, the Clerk of this Court requested that Appellant file a docketing
statement within ten days if he had not already done so. Appellant did not file a docketing
statement as requested.
On August 2, the Clerk of this Court issued a notice advising Appellant that the
docketing statement was past due. The notice provided that unless the docketing statement was
filed on or before August 14, the appeal would be presented for dismissal in accordance with
Texas Rule of Appellate Procedure 42.3. Appellant did not file the required docketing statement
or otherwise respond to this Court’s notice.
Accordingly, because Appellant failed, after notice, to comply with Rule 32.1, the appeal
is dismissed. See TEX. R. APP. P. 42.3(c) (after giving ten days’ notice, appellate court may
dismiss appeal because appellant failed to comply with a requirement of the appellate rules, a

1
court order, or a notice from the clerk requiring a response or other action within a specified
time).
Opinion delivered on August 31, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

AUGUST 31, 2023

NO. 12-23-00179-CV

JOHNNY D. BUFORD,
Appellant
V.
VERNON MILLING COMPANY, INC. AND JOHN DOE, TRUCK DRIVER,
Appellees

Appeal from the County Court at Law No 3
of Smith County, Texas (Tr.Ct.No. 72827-B)

THIS CAUSE came on to be heard on the appellate record, and the same
being considered, it is the opinion of this Court that the 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 Worthen, C.J., Hoyle, J. and Neeley, J.