In Re the Marriage of Holik

CONCUR WITH ORDER

BILL VANCE, Justice.

On November 14, 2007, the majority, citing Rules of Appellate Procedure 42.3(b), (c) and 44.3, dismissed this appeal because no docketing statement had been filed for the Appellant. Tex.R.App. P. 32.1. I dissented with a note, saying:

The clerk’s record contains a motion for new trial supported by Appellant’s affidavit, which shows that this appeal has arguable merit. Our records affirmatively show that the Appellant has no knowledge of any action we have taken since the filing of this appeal; all corre spondence has been to her attorney. Yet, we have made…