Opinion
14-24-00482-CV
10-22-2024
BERT HALE, JR. AND BRENDA LEE FLY, Appellants v. ADAM HALE, Appellee
On Appeal from the County Court at Law No. 2 Waller County, Texas Trial Court Cause No. C24-089
Panel Consists of Spain, Poissant, and Wilson, Justices.
ORDER
PER CURIAM
This appears to be an appeal from a judgment signed June 18, 2024. Appellants filed a notice of appeal on June 27, 2024. The notice of appeal is defective as to appellant Brenda Lee Fly, proceeding pro se, as she solely signed a document attached to the notice of appeal, rather than the notice of appeal document itself, and that document moreover does not contain her mailing address, her telephone number, her fax number (if any), and email address. See Tex. R. App. P. 9.1(b).
A defective notice of appeal does not defeat the jurisdiction of the court of appeals if the instrument is a "bona fide attempt" to invoke appellate court jurisdiction. See San Antonio v. Rodriguez, 828 S.W.2d 417, 418 (Tex. 1992). An appellant should be given an opportunity to amend a defective perfecting instrument before the court of appeals may dismiss an appeal. Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex. 1991).
Appellant Brenda Lee Fly may file an amended notice of appeal with the clerk of this court on or before November 12, 2024. Fly's appeal is subject to being dismissed without further notice for want of jurisdiction if she does not timely file an amended notice of appeal. See Tex. R. App. P. 42.3.
In the event such a dismissal occurs, the appeal can still proceed with regard to appellant Bert Hale, Jr.