Summary
dismissing appeal for failure to comply with rule 9.5
Summary of this case from Hill v. Taco BellOpinion
NO. 01-10-00674-CV
02-23-2012
STEVENSON MANCILLAS, Appellant v. SHELLY MARIE MANCILLAS, Appellee
On Appeal from the 247th District Court
Harris County, Texas
Trial Court Cause No. 2009-68370
MEMORANDUM OPINION
Appellant filed a notice of appeal from an order of dismissal in a divorce case. His notice did not contain a certificate of service, an acknowledgment 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 October 19, 2011, we notified appellant that his appeal was subject to dismissal unless, by October 27, 2011, 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 failed to respond.
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), 42.3(c), 43.2(f). We dismiss any other pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Brown.