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Abdul-Malik v. Barker

Court of Appeals of Texas, Twelfth District, Tyler
Sep 24, 2003
No. 12-03-00295-CV (Tex. App. Sep. 24, 2003)

Opinion

No. 12-03-00295-CV.

Opinion delivered September 24, 2003.

Appeal from the 349th Judicial District Court of Anderson County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DEVASTO, J.


MEMORANDUM OPINION


This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex.R.App.P. 42.3(c). The judgment in the instant case was signed on August 21, 2003. Thereafter, on September 8, 2003, Appellant filed a notice of appeal which failed to contain the information required by Rule 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment.

On September 9, 2002, Appellant was notified pursuant to Tex.R.App.P. 37.1 that the notice of appeal was defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed an amended notice of appeal on or before October 9, 2003, the appeal would be referred to the court for dismissal. Tex.R.App.P. 42.3.

On September 22, 2003, Appellant filed an amended notice of appeal, but did not correct the defect. Since Appellant has failed to correct his defective notice of appeal after notice, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex.R.App.P. 42.3(c).


Summaries of

Abdul-Malik v. Barker

Court of Appeals of Texas, Twelfth District, Tyler
Sep 24, 2003
No. 12-03-00295-CV (Tex. App. Sep. 24, 2003)
Case details for

Abdul-Malik v. Barker

Case Details

Full title:KHABIIR ABDUL-MALIK A/K/A CYRUS KING, APPELLANT v. BRYAN BARKER, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Sep 24, 2003

Citations

No. 12-03-00295-CV (Tex. App. Sep. 24, 2003)