Opinion
14-24-00482-CV
11-26-2024
BERT HALE, JR. AND BRENDA LEE FLY, Appellants v. ADAM HALE, Appellee
On Appeal from the County Court at Law Waller County, Texas Trial Court Cause No. C24-089
Panel Consists of Chief Justice Christopher and Justices Bourliot and Wilson.
ORDER
PER CURIAM
This is an appeal from a judgment signed June 18, 2024. Appellant Bert Hale, Jr. signed and filed a notice of appeal on June 27, 2024. There was a document attached to the notice of appeal signed by Brenda Lee Fly. That document did not contain Fly's contact information. 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).
On October 22, 2024, we issued an order directing Fly to file an amended notice of appeal with this court on or before November 12, 2024 or Fly's appeal would be subject to dismissal without further notice for want of jurisdiction. As of today, Fly has not filed an amended notice of appeal Accordingly, we dismiss Brenda Lee Fly from this appeal. See Tex. R. App. P. 42.3.