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McCaleb v. Descisciolo

Court of Appeals of Texas, Twelfth District, Tyler
May 18, 2005
No. 12-05-00122-CV (Tex. App. May. 18, 2005)

Opinion

No. 12-05-00122-CV

Opinion Delivered May 18, 2005.

Appeal from the 7th Judicial District Court of Smith County, Texas.

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


MEMORANDUM OPINION


This pro se appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex.R.App.P. 42.3(c). On March 14, 2005, Appellant filed a notice of appeal that failed to contain the information required by Rule 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment.

On April 13, 2005, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rule 25.1(e). She was further notified that unless she filed an amended notice of appeal on or before May 13, 2005, the appeal would be referred to the court for dismissal. See Tex.R.App.P. 42.3(c). To date, Appellant has neither complied with nor responded to our notice.

We also notified Appellant on April 26, 2005 that her appeal would be dismissed if she did not file a docketing statement by May 6, 2005. She responded that she would comply on May 6, but has failed to do so.

Because Appellant has failed, after notice, to correct her defective notice of appeal, 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 , 12-04-00004-CV, 2004 WL 252785, at *1 (Tex.App.-Feb. 11, 2004, pet. denied); Feist v. Hubert , 12-03-00442-CV, 2004 WL 252285, at * 1 (Tex.App.-Feb. 11, 2004, pet. denied).


Summaries of

McCaleb v. Descisciolo

Court of Appeals of Texas, Twelfth District, Tyler
May 18, 2005
No. 12-05-00122-CV (Tex. App. May. 18, 2005)
Case details for

McCaleb v. Descisciolo

Case Details

Full title:ANNE McCALEB, Appellant v. ANTONIETTE DESCISCIOLO AND ROBERT ROZEAN…

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

Date published: May 18, 2005

Citations

No. 12-05-00122-CV (Tex. App. May. 18, 2005)

Citing Cases

Peña v. McDowell

5(d) would have been more appropriate. See McCaleb v. Descisciolo, No. 12-05-00122-CV, 2005 WL 1177062, at *1…