Opinion
NO. 01-10-01003-CV
06-21-2012
LEON A. BENJAMIN, Appellant v. BARBARA BENJAMIN, Appellee
On Appeal from the 247th District Court
Harris County, Texas
Trial Court Cause No. 2010-11421
MEMORANDUM OPINION
Appellant, Leon A. Benjamin, has failed to provide proof of service of the notice of appeal on all parties to the proceeding. See TEX. R. APP. P. 9.5(d), 25.1(e), 42.3(c); see also TEX. R. APP. P. 9.5(b) (service may be personal, by mail, by commercial delivery service, or by fax). Appellant's notice of appeal does not contain a certificate of service, an acknowledgement of service by the party served, or other proof that a copy of the notice of appeal was served on the other party to the judgment. See TEX. R. APP. P. 9.5(d), 25.1(e). On March 6, 2012, we notified appellant that the appeal was subject to dismissal unless, within 10 days of the notice, he provided proof of service on all parties. See id. 9.5(d), 42.3(c); Pena v. McDowell, 201 S.W.3d 665, 667 (Tex. 2006) (stating that failure to show proof of service of notice of appeal on all parties is proper grounds for dismissal under Texas Rule of Appellate Procedure 9.5(d)). Appellant has not provided proof of service on all parties.
Accordingly, we dismiss the appeal for failure to comply with a requirement of the Texas Rules of Appellate Procedure. See TEX. R. APP. P.9.5(d) (requiring proof of service); 42.3 (allowing involuntary dismissal of case for failure to comply with requirement of Texas Rules of Appellate Procedure).
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.