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Brown v. Lopez

Court of Appeals of Texas, Twelfth District, Tyler
Sep 30, 2009
No. 12-09-00262-CV (Tex. App. Sep. 30, 2009)

Opinion

No. 12-09-00262-CV

Opinion delivered September 30, 2009.

Appeal from the 87th Judicial District Court of Anderson County, Texas.

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


MEMORANDUM OPINION


This pro se appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c). The judgment in this case was signed on July 17, 2009. Appellant timely filed a notice of appeal that failed to contain the information required by Texas Rules of Appellate Procedure 9.5 and 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment.

On August 24, 2009, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with rules 9.5 and 25.1(e). He was further notified that unless he filed an amended notice of appeal on or before September 23, 2009, the appeal would be referred to the court for dismissal. See Tex. R. App. P. 42.3(c). The deadline for filing an amended notice of appeal has passed, and Appellant has not corrected his defective notice of appeal. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c); Feist v. Berg , No. 12-04-00004-CV, 2004 WL 252785, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied); Feist v. Hubert , No. 12-03-00442-CV, 2004 WL 252285, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied).


Summaries of

Brown v. Lopez

Court of Appeals of Texas, Twelfth District, Tyler
Sep 30, 2009
No. 12-09-00262-CV (Tex. App. Sep. 30, 2009)
Case details for

Brown v. Lopez

Case Details

Full title:MARK BROWN, APPELLANT v. SHELIA LOPEZ AND MATTIE JACKSON, APPELLEES

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

Date published: Sep 30, 2009

Citations

No. 12-09-00262-CV (Tex. App. Sep. 30, 2009)